RUSSELL, ODIORNE AND METCALF, 

BOSTON, 

?ijnbc fust ^ul)list)ef 

THE WRITINGS 

OK 

GEORGE WASHINGTON. 

Being his CoiTCspondcmcc; Addresses 5 Messages; and other 
papers, official and private; selected and published from the origi- 
nal manuscripts - witli a Life of tlie Author, Notes and Illustratioas. 
By Jared Sparks. 

II. 
HISTORY 

OF THE 

HARTFORD CONVENTION. 

With a Review of the Policy of the United States Government 
which led to the War of 1812. By Theodore Dwight, Secretary 
of the Convention. 

III. 
COMMENTARIES 

ON TUE 

CONSTITUTION OF TUE UNITED STATES. 

With a Preliminary Review of the Constitutional History of 
the Colonies and States, before the Adoption of the Constitution. 
By Joseph Story, LL.D., Dane Professor of Law in Harvard 
University. 

[CTALL TliliSE AHE MENTIONED IN THE tOI'USE OF THIS WOKli 



FAMILIAR LETTERS 

ON 

PUBLIC CHARACTERS, 



PUBLIC EVENTS; 



FROM THE 



PEACE OF 1783, TO THE PEACE OF 1815. 



NuTiquam, igitiir, est utile peccare, quia semper est turps: et quia semper est 
honestum virutn boniim esse, semper est utile. {Cicero dc Off. lib. iii. xv.) 

" By a comparison of a scries cf the di.=courses and actions of certain men, for 
a reasonable length of lime, it is impossible not lo obtain a suliicient indication of 

their views and principles." " It is against every principle of common sense, to 

judge of a series of spetches and actions /rom the man, and not of the man, from 
the whole tenor of his language and conduct." {Excerpts. JVat. Oaz. Ap. 8, 1834.) 



•BOSTON: 

RUSSELL, ODIORNE, AND METCALF. 

1834. 



h3D| 



>H5 



^r 



t 



Entered according to the act of Congress in the year 1834, 

by Russell, Ouiorne, & Metcalf, 

ill the Clerk's Office of tlie District Court of tlie District of Massachusetts, 



L: I. 



549239 

F£d 8 mi 



J. D. FREEMAN, PRINTKR, 

110, Washington Street. 



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INTRODUCTION 



Towards the close of his life, Mr. Jefferson prepared 
statements seriously affecting the motives and conduct of 
a numerous class of his fellow-citizens. He intended to 
have these statements jpuhlislied after his decease. He 
seems to have expected that they would be received as 
HISTORICAL TRUTHS, proceeding from high authority. 

If Mr. Jefferson has stated truths only, all who know 
the value of sound historical information are under great 
obligations to him. If he has stated '^ false facts," (as 
he calls them,) without intending to do so, he has in- 
creased the well-known difhculty of arriving at certainty, 
as to the past ; and his labors are worse than useless. If 
he has stated what he hnew to be false, he has abused 
public confidence, and has dishonored his own fame. 

As most of those citizens, of whom he speaks reproach- 
fully, have become, like himself, insensible to earthly 
commendation or censure, is it too soon to inquire, in 
which of the above mentioned relations Mr. Jefferson 
should be viewed ? 

It would be doing, it is hoped, great injustice to the 
American public to assume that they are incompetent, or 
unwilling, to judge calmly and justly of historical truth, 
whatsoever it may prove to be, or whencesoever it may 
come. 



INTRODUCTION. 



But, if the men of tliis day are so near to that lime in 
which Mr. Jefferson was a conspicuous pohtical agent, 
that prejudices must prevent a calm and righteous judg- 
ment, then, the same posterity to which Mr. Jefferson 
confidently appeals, must judge of him, and of those 
whom he has attempted to consign to their reproach and 
contempt. 

According to the words on the title page, " the views 
and principles " of Mr. Jefferson's political adversaries 
are to be known by " a comparison of a series of their 
discourses and actions." Mr. Jefferson is to be known, 
not " from his speeches and actions," but " from the 
whole tenor of his language and conduct." 

These " views and principles," and this " language and 
conduct," are set forth, in the following pages, " for a 
reasonable length of time ; " that is, throughout one 
third of a century. 

The form adopted is, familiar letters, as these are 
better suited to the purpose than the ordinary form of 
history ; and because these admit of personal descriptions, 
and particular illustrations, which the " Memoirs and 
Writings of Thomas Jefferson," make indispensable. 

Boston, April 20, 1834. 



CONTENTS. 



LETTER I. 

State of the country in 1783 — Massachusetts — embarrassments. 

LETTER n. 

Massachusetts insurrection — Governor Bowdoin. 

LETTER in. 

Massachusetts rebellion. 

LETTER IV. 

Governor Hancock — state of society. 

LETTER V. 

Governor Hancock — Lieutenant Governor Lincoln — Washington's 

visit. 

LETTER VL 

Old confederation — Federal constitution — Massachusetts conven- 
tion — Federalist, by Jay, Madison, and Hamilton. 

LETTER Vn. 

Massachusetts convention — Fisher Ames — Rufus King — Charles 
Jarvis. 

LETTER VHL 

Adoption of the constitution — origin of parties — first Congress. 

LETTER LX. 

Hancock's death — Rev. Dr. Cooper — state of society — Brissot — 

education. 

LETTER X. 
Beginning of the National Government — President Washington — 
Vice President Adams — first Congress. 
A* 



VI CONTENTS. 

LETTER XI. 

First cabinet — public debt funded — Bank — Jefferson — Hamilton. 

LETTER Xn. 

Excise law — French revolution — civic feast — Resolutions against 

Hamilton — Mr. Giles's remarks on Washington. 

LETTER XHL 

French Revolution — parties — Genet — Jacobin Clubs — Mifflin — 
Dallas — English captures. 

LETTER XIV. 

Congress in 1793 — Jefferson's commercial report — Marshall's char- 
acter of Jefferson — parties in Congress — distinguished members 

— renewed attack on Hamilton. 

LETTER XV. 
Mission to England — John Jay — Fauchet — rebellion in Pennsyl- 
vania — Talleyrand — Knox and Hamilton resign. 

LETTER XVI. 

Jay's treaty — Washington's letter to the Selectmen of Boston. 

LETTER XVII. 

Fauchet's intercepted despatches — Edmund Randolph — Pinckney. 

LETTER XVIII. 
Adet, French minister — Washington's reply to Adet — Jay's treaty 

— popular movements on this treaty — debate in Congress — Mon- 
roe — France. 

LETTER XIX. 
Washington — Lafayette — Bollman — Lord Lyndhurst — third elec- 
tion of President — Paine's letter to Washington — Jefferson's let- 
ter to Paine — charges against Washington. 

LETTER XX. 

Adet's address to Americans — French influence — Washington's 
letter to Jefferson. 

LETTER XXI. 

Washington's last speech to Congress — farewell address — Jeffer- 
son's remarks, and Jay's letter, on the address — Washington's 
personal appearance and deportment — reception of visiters. 



CONTENTS. VU 

LETTER XXII. 

Washington's administration — its difficulties — Colonel Isaac Hayne 
— funding public debt — national bank — policy of Washington. 

LETTER XXIII. 

Essex Junto — General Benjamin Lincoln. 

LETTER XXIV. 

General Henry Knox — JeiFerson's opinions of Knox — Jefferson's 

writings. 

LETTER XXV. 
Duke of Kent — present King of France — Sir A. Baring — foreign 
ministers — distinguished members of Congress — Philadelphia in 
1797 — Robert Morris. 

LETTER XXVI. 

Samuel Adams — Increase Sumner — Francis Dana — Theodore 

Sedgwick — state of society. 

LETTER XXVII. 

Election of Jolm Adams — of Jefferson, Vice President — mission to 

France. 

LETTER XXVIII. 

Treatment of envoys in France — X, Y, Z, affair — war with France 
— new missions to France — measures taken to impair Mr. Adams's 
popularity — affair of Jonathan Robbins. 

LETTER XXIX. 

Alien law — sedition law — combination of foreigners — Callender's 
" Prospect before Us" — Jefferson and Callender — Logan's mis- 
sion. 

LETTER XXX. 

New judiciary law, February, 1801 — pardon of Fries — end of the 
federal administration — character. 

LETTER XXXI. 

Death of Washington. 

LETTER XXXII. 

Jefferson's Mazzei letter — speech as Vice President — Jefferson',* 
remarks on the Mazzei letter — Jefferson's personal appearance — 
his vice presidency. 



Vin CONTENTS. 

LETTER XXXIIl. 

Mr. Jefferson — principles of action — elements of parties — reasons- 
why Mr. Jefferson's " Writings " should be noticed. 

LETTER XXXIV. 

Mr. Jefferson's Writings. 

LETTER XXXV. 

Mr. Jefferson's attack on the funding system and the bank, a.s federal 

measures. 

LETTER XXXVL 

Mr. Jefferson's charge against federalists, as intending to introduce 

monarchy. 

LETIER XXXVIL 
Mr. Jefferson's election to the presidency — his remarks on James 
A. Bayard — vindication by Mr. Bayard's sons — Mr. Jefferson's 
policy. 

LETTER XXXVIIL 

Contradictory opinions entertained concerning Mr. Jefferson when 
elected to the presidency. 

LETTER XXXIX. 

Inaugural speech — answer to New Haven remonstrance — invitation 
to apostacy — author o? party government. 

LETTER XL. 
Mr. Jefferson's opinions of the judiciary. 

LETTER XLL 

Mr. Jefferson proposes to Congress to repeal all federal measures — 
judiciary law — acts of Judge Chase, which led to his impeach- 
ment. 

LETTER XLIL 

Impeachment, and trial, of Judge Chase. 

LETTER XLin. 

Purchase of Louisiana. 

LETTER XLIV. 

Mr. Jefferson's proposal to repeal the alien law — his former opinions 

on aliens. 



CONTENTS. IX 

LETTER XLV. 

Miranda's expedition — Burr's conspiracy. 

LETTER XLVL 

Arrest of Aaron Burr for treason. 

LETTER XLVIL 

Indictment of Burr for treason. 

LETTER XLVin. 

Trial of Burr — Mr. Wirt — his eloquence. 

LETTER XLIX. 

Hamilton's personal appearance — duel between him and Burr — 

Burr's personal appearance — Hamilton's death. 

LETTER L. 

Jefferson's negotiation for Florida — John Randolph's opinion on this 
matter — extract from his pamphlet. 

LETTER LL 

Long embargo, 1807 — enforcing act, 1809 — measures in Massachu- 
setts — Crowninshield's resolutions — effects of the embargo. 

LETTER LIl. 

Executive and legislative measures in Massachusetts on the embaro-o 

— Mr. Jefferson's contradictory accounts of his own policy. 

LETTER LIII. 

Mr. Jefferson's retirement — his account of his public services. 

LETTER LIV. 

Examination of Mr. Jefferson's policy. 

LETTER LV. 

Effects of Mr. Jefferson's policy — Mr. Madison's election — his 
policy — a continuation of Mr. Jefferson's. 

LETTER LVI. 

Causes of controversy with England, stated. 

LETTER LVII. 

The John Henry plot — Mr. Madison's motives. 

LETTER LVIII. 

Legislative measures in Massachusetts on public affairs. 



X CONTENTS. 

LETTER LIX. 
Mr. Gore elected Governor of Massachusetts — Members of Legisla- 
ture—Mr. Gerry elected, 1810 — Mr. Strong, 1812. 

LETTER LX. 

Mr. Madison's war message — motives for declaring war. 

LETTER LXL 

Opponents of the war — views of parties — state of Europe. 

LETTER LXIL 

Declaration of war — state of the country — reception of the war 

in Massachusetts. 

LETTER LXIII. 

Character of the war at home — Baltimore proceedings — Washington 
Benevolent Societies. 

LETTER LXIV. 

Convention at New York, 1812; De Witt Clinton's nomination for 

the Presidency. 

LETTER LXV. 

Progress of the war — proposed conscription and impressment. 

LETTER LXVL 

Proceedings of Massachusetts — causes of the Hartford Convention. 

LETTER LXVn. 

Effects of the Hartford Convention. 

LETTER LXVHL 

Measures in consequence of the Hartford Convention — conclusion 

of the war — peace message. 

LETTER LXIX. 

Mr. Madison's probable motives — close of his administration — 
Mr. Monroe's presidency. 

LETTER LXX. 
Motives and conduct of the Federalists. 

LETTER LXXL 

Strong — Brooks — Gore — Cabot. 

LETTER LXXn. 

Pickering — Lowell, senior — Higginson — Hicbborn. 



CONTENTS. XI 

LETTER LXXIIT. 
* Parsons — Sewall — Parker — Dexter. 

LETTER LXXIV. 

» Otis — Lowell, Jr. — Quincy — Lloyd. 

LETTER LXXV. 

Conclusion — difficulties — remedies. 

APPENDIX. 

Evidence collected by James A. Bayard's sons, on Jefferson's 

calumny. 

John Jay's letter on Washington's farewell address. 

Proceedings of Massachusetts legislature, on the state of the nation. 

Address of the minority of Congress to their constituents, on the 

war with England. 

Extract from Walsh's Letter on the French Government ; and on 

French Conscription. 

Index. 



FAMILIAR LETTERS, 



LETTER I. 

Boston, Jan. 17, 1833. 

The citizens of the present day find themselves to be 
members of a great and growing republic. They must be 
members, also, of some political party, if they exercise the 
rights and duties of citizens. They usually become party- 
men, without much consideration of the reasons for being on 
one side, or the other. Accident, imitation, or being on one 
side, because some one, not in favor, is on the other, are as 
good reasons as many can give, for the choice they make. 

There is a right and a wrong in all political divisions. 
One side may be entirely right, and the other entirely wrong. 
Two opposing parties may be both wrong, in proportion as 
they deviate from t!ie sound principles of the constitutions 
under which they live. 

It is a dry and uninteresting employment to most young 
persons, to study out the origin, and progress, of the political 
institutions of this country. But if our republic is to con- 
tinue, these young persons must know, in some way, how 
much it depends on them to accomplish its preservation. 
All modes of instruction must be attempted. Whether 
that intended, in the following pages, will be of use to that 
1 



3 FAMILIAR LETTERS 

end, cannot be foreseen. It is the design to run through 
the prominent events, in this country, out of which political 
parties have arisen. 

In 1783, and for some time afterwards, and up to the 
time of the French Revolution, there were distinctions in 
society, now unknown. They were the remnants of the 
colonial relations. Persons in office, the rich, and those who 
had connexions in England, of which they were proud, w^ere 
the gentry of the country, before the war. Modes of life, 
manners, and personal decoration, were the indications of 
superiority. The commencement of hostilities drove a large 
portion of this gentry from the colony ; but these indications 
continued among some who remained, and adhered to the 
patriot side. There was a class of persons (no longer known) 
who might be called the gentry of the interior. They held 
very considerable landed estates, in imitation of the land- 
holders in England. These persons were the great men in 
their respective counties. They held civil and military 
offices, and were members of the general court. This sort 
of personal dignity disappeared before the end of the last 
century. 

The long continued and impoverishing war had brought 
very serious embarrassments, public and private. One mode 
of relief, after the war ended, was to engage in commerce. 
The commercial part of the community who liad means, (and 
some of them were wealthy from privateering,) and all who had 
credit in England, engaged in importing English manufac- 
tures. This traffic drained the country of specie, and intro- 
duced articles of luxury, which the inhabitants needed not, and 
for wiiich they contracted debts, which they could not pay. 
Embarrassments were increased from such causes. Importa- 
tions were discountenanced, and those who made them, not 
only made bad debts, but attracted public odium. The usual 
consequences of such mistakes followed. There w'cre insol- 
vencies, and prosecutions. These new, and improvident 



ON PUBLIC CHARACTERS. O 

contracts, were but a small item in the causes of general 
distress, after independence was secured. These were far 
more serious and durable, as they involved public, as well as 
private credit. 

The United States owed the heavy debt of the war. Be- 
sides this national debt, the states, separately, had contracted 
heavy debts of their own, in carrying on the war. Towns, 
also, had contracted debts in furnishing men, and necessa- 
ries for the army, especially in Massachusetts. Individuals 
owed large sums, the interest of which had been accumulat- 
ing during the war. In the planting states of the south, 
very heavy debts were due to the English. These necessa- 
rily slept through the war. 

When the courts of justice were again opened, and undis- 
turbed by military movements, there was leisure to prosecute 
for debts. The utter inability to satisfy judgments in money, 
induced some of the state legislatures to enact, that debtors 
might tender any personal property, at an appraisement, in 
satisfaction. Thus a seaboard creditor might recover a judg- 
ment against a creditor in the country, and instead of being 
paid in money, or by the seizure and sale of personal property, 
any country produce might be tauhrcd, which, not being 
convertible into specie, was of no value to him. This legal 
provision is supposed to have occasioned 'the prohibitory 
clause in the United States constitution, that no state should 
pass any law impairing the obligation of contracts. If this 
was so, the application of this clause ha^ been extended far 
beyond the original design, but, undoubtedly, with most 
reasonable and just effect. 

The complaining and dissatisfied, of the present day, may 
have some sympathy with their predecessors immediately after 
the war, who were not sufferers from wanton acts of rulers, 
but from necessary and inevitable consequences of having 
obtained their freedom. The paper currency had sunk to 
be almost nominal. Of specie there was but a small amount. 



4 



FAMILIAR LETTERS 



Congress earnestly besought of the states their proportion of 
the sums which the Union owed ; state creditors were im- 
portunate, and private debtors were vigorously pursued, 
Massaclmsetts had stootl forth, foremost of all the states ; 
and at the close of the war, she had furnished one third of 
all the effective force in the national service. This state 
owed, as its proportion of the national debt, five millions of 
dollars. It owed on its own account, and not as a member 
of the Union, $4,333,333. It owed to the soldiers and offi- 
cers, which it had sent into the war, 866(5,000, making ten 
millions of dollars. The resources of the state, to pay so 
much of this debt as was immediately payable, were only 
the revenues derived from importation, in the low state of 
commerce ; and direct taxation on estates, and polls of per- 
sons, overwhelmed with embarrassments; and when the 
whole number of polls in the state did not exceed ninety 
thousand. 



LETTER II. 

Jan. 20, 1833. 

In October, 1784, Massachusetts assessed a tax of one 
million four hundred thousand dollars, on an impoverished, 
distressed, and disheartened people. This tax, together 
with the munbcr of civil suits instituted by private creditors, 
brought on a state of high excitement. In looking over the 
records of this time, it will be seen, that one lawyer insti- 
tuted an hundred actions at one court. Lawyers were 
associated with the general distress, and were considered to 
be principal causes of it, merely from the performance of 
professional occupations. In our own time, so strongly 
contrasted with those immediately after the war, we hear of 



ON PUBLIC CHARACTERS. 6 

propositions and efforts to diminish the expenses of admin- 
istering justice. At that time the newspapers abounded 
with severe reproaches of the profession ; but as these 
measures produced no relief, while the courts were open, 
the acrimony against lawyers was soon transferred to the 
courts. In different parts of the state, aimed combinations 
arose, for the purpose of preventing the sitting of the courts, 
and this object was effected in many of the counties. The 
militia were called out to suppress these insurrections ; but 
there was no reliance to be placed on their aid, as no small 
proportion of them, if not among the insurgents, were 
among the disaffected. At length it became necessary for 
the government to declare that a rebellion existed, and 
4,400 men were raised to suppress it. The command of 
this force was given to Major General Lincoln, whose con- 
duct in the execution of this trust will be hereafter men- 
tioned. 

Among the deep impressions of early days is that of the 
great excitement which existed at that time, and which 
occupied every bosom. It was expected that the insurgents 
would march to Boston, and attempt to liberate certain state 
prisoners there. All the young men were under arms and 
ready to be called into real service. They wore the garb 
of soldiers daily, and held themselves prepared to march at 
the shortest notice. 

It fell to the lot of James Bowdoin to be governor of tlie 
commonwealth at this period. John Hancock, v/hose per- 
sonal appearance and character will be delineated, in some 
future page, had been governor from the adoption of the 
constitution in 1780. In January, 1785, he unexpectedly 
resigned. Whether he foresaw the rebellion, and chose to 
escape the responsibility of encountering it, officially, or 
whether he considered himself too infirm to continue in 
office, may be questionable. The latter cause was assigned, 
and was a sufficient one. His successor, Bowdoin, was not 
1* 



O FAMILIAR LETTERS 

chosen by the people, but he had the highest number of 
votes, and was constitutionally chosen by the senate. This 
is the only instance of the failure of an election, by the 
people, from 1785 to 1833. In the month of November, 
1785, it was feared tliat an attempt would be made to pre- 
vent tlie sitting of the courts in Middlesex county, and a 
large number of troops were assembled at Cambridge, under 
the command of General John Brooks. Governor Bowdoin 
went to Cambridge to review them. He had no military 
e.Kperience himself, and was not mounted. He stood on the 
court-house steps. His appearance and dress, as the troops 
passed by him, are well remembered. He was then about 
fifty-eight years of age. He was a tall, dignified man in 
appearance. At the time of this review he was dressed in 
a gray wig, cocked hat, a white broadcloth coat and waist- 
coat, red small-clothes, and black silk stockings. His face 
was without color, his features rather small for his size, his 
air and manner quietly grave. During the two years he 
was in office, the scenes of the rebellion occurred. He 
conducted himself with great discretion and firmness. It 
was said, that he was very well advised ; and was confirmed, 
by able men, in the opinions which he sustained under very 
trying difficulties. From a recent perusal of his oflicial 
communications to the legislature, he appears to have been 
governed by a high sense of duty, and by an enlightened 
perception of what his duty was. Bowdoin was naturally a 
man of feeble health. He had been chosen as delegate to 
the first congress, but was unable to attend, and Hancock 
was chosen in his place. Bowdoin had the reputation of 
being a man of learning. He was the principal founder of 
the American Academy of Arts and Sciences, and its first 
president. Dr. Samuel Cooper, minister of Brattle Street 
Church, was the first vice president. Bowdoin was an 
honorary member of several literary and scientific societies. 
The only writings of this gentleman, except his official 



ON PUBLIC CHARACTERS. 7 

papers, while in tine office of governor, may be found in the 
first volume of the American Academy's publications. 

Bowdoin's dignified and effective administration ouo-ht to 
have secured to him the entire confidence and gratitude of 
the people. This, as will be shown, was far otherwise, and 
after two years' service, another was elected in his place. 
He took no further part in public aff"airs. His private char- 
acter was that of a strictly moral man; rather adapted to a 
tranquil, than to an ardent and active life. He died in 
the year 1790, at the age of sixty-three. He was buried 
with military parade, conducted by the company of Inde- 
pendent Cadets, which was renovated during his magis- 
tracy, and is now in possession of a standard presented by 
him. He had an only son (who left no child) and three 
daughters. His place of abode was the Bowdoin House, 
still remaining in Beacon Street. 



LETTER III. 

Jan. 24, 1633. 

The most accurate account of the insurrection in Massa- 
chusetts, is Minot's. It is also treated of in Bradford's 
respectable History of Massachusetts, second volume. All 
the notice of this event, which the present purpose requires, 
in showing the train of occurrences, may be comprised in 
a short space. 

The frequent popular meetings, and the prevention of the 
sitting of the courts, having made it necessary to exert the 
power of the government, Gen. Lincoln, as before mentioned, 
was appointed to the command of a force, which he con- 
ducted to Worcester, in January, 1787. The arrival of these 



8 FAMILIAR LETTERS 

troops, at tliat place, enabled the court to hold its session 
there, undisturbed. The insurgents concentrated their forces 
in the neighborhood of Springfield. Luke Day was at the 
head of about 400, and Daniel Shays at the head of about 
1100. The latter had been an ofHcer in the continental 
army. General William Shepherd, afterwards a member 
of Congress, had the command of about 1100 of the militia of 
the county of Hampshire. Shays was on the cast side of 
Springfield, and Day on the westerly side of it. Shep- 
herd, supposing it to be Shays's object to possess himself of 
the arsenal there, posted his troops for its defence. Lincoln 
directed his march from Worcester to Springfield. Shays, 
knowing of the approach of Lincoln, found it indispensable 
to attempt the defeat of Shepherd before Lincoln could ar- 
rive. Relying on the aid of Day, on the western side. 
Shays approached Shepherd's position on the afternoon of 
January the 25th. When they had come witliin a short dis- 
tance. Shepherd sent messengers to them demanding to know 
their purpose, and warning them of their danger. Shays 
answered, that he meant to have possession of the bar- 
racks. Shepherd replied to him, that he was posted there, 
by order of the Government, and of Congress; and that 
if Shays came any nearer, he and his body of men would 
be fired upon. He was answered, that was what was 
wanted. The insurgents were vi'ithin 250 yards of Shep- 
herd's line ; and when they had advanced an hundred yards 
further, Shepherd ordered two cannon to be fired, but, un- 
willing to shed the blood of his deluded fellow-citizens, 
caused the shot to be thrown over their heads. This 
measure not having intimidated them, as he hoped it 
would, his guns were then pointed to the centre of their 
column and discharged. A cry of murder was heard in 
the ranks of the insurgents, and they immediately fell into 
such confusion and terror, that their leader's efforts to dis- 
play his column, and lead on to battle, were all in vain. 



ON PUBLIC CHARACTERS. 9 

His men immediately retreated to Ludlow, about ten miles 
from the place of action, leaving three of their men dead 
and one wounded. (Minofs His. Insur. Ill ) 

Shepherd remained at his post, in constant expectation 
of a renewed attack from the united force of Sliays and 
Day ; and of Eli Parsons, who led about 400 men from 
Berkshire. He had reason to believe that the advantage 
of attacking him before the arrival of Lincoln's troops 
would not be lost. But at noon on the 27th he had the 
satisfaction of seeing the approach of Lincoln's troops, 
consisting of four regiments, three companies of artillery, 
a company of horse, and another company who were 
volunteers. Hardly stopping to rest, General Lincoln led a 
detachment across the frozen river, to attack Day; while 
Shepherd moved up the river to prevent the junction of 
Day and Shays. Day's party were put to flight and escaped 
to Northampton. The party of Shays retreated to Am- 
herst, destitute of all provision, except that obtained by 
plunder. Lincoln followed in the same direction, but 
finding that Shays had gone from that place, and that his 
troops could not be sheltered from the excessive cold nearer 
than at Hadley, he marched thither. 

While at this place, Lincoln was informed that Shays 
had posted himself at Pelham hills, and he thought proper 
to address a letter to him, and his officers (on the 30th of 
Jan. 1787) of a firm, and degnified, but humane charac- 
ter, informing them that if they laid down their arms, and 
took the oath of allegiance to the Commonwealth, they 
would be recommended to the General Court for mercy. On 
the same day Shays replied, that he desired hostilities to 
cease, until an answer could be received to a petition then 
on its way to the General Court. To this communication 
Lincoln replied on the 3lst, " Your request is totally inad- 
*' missible, as no powers are delegated to me, which would 
" justify a delay of my operations. Hostilities I have not 



10 



FAMILIAR LETTERS 



" commenced. I have again to warn the people in arms 
" against the Government, immediately to disband, as they 
" would avoid the ill consequences which may ensue, should 
"■ they be inattentive to this caution." 

The petition mentioned by Shays, and the intelligence 
received from Lincoln, induced the legislature to declare 
the existence of an open rebellion on the 4th day of Feb- 
ruary, 1787. On the third of February the insurgents 
were retreating towards Petersham. Of this fact, Lincoln 
had notice at three o'clock on the same day; but it was 
not made certain till six o'clock. Notwithstanding the 
severity of the weather, and the disadvantage of a night 
march, he gave orders to his troops to be ready, with three 
days' provision, at eight o'clock, at which time he departed 
in pursuit. When they had arrived at New Salem, about 
two o'clock in the morning, a violent wind from the north 
arose, severely cold, and accompanied by a snou-storm, 
which obstructed the path. There was no place for shelter, 
or refreshment ; and as the intensity of the cold made it 
hazardous to stop in the road, for any purpose, there was no 
alternative but to pursue their disheartening march, which 
could terminate no where but in the quarters of the enemy. 
Thus, their march was prolonged to thirty miles, in the 
night time, not a little resembling the retreat of the French 
from Moscow. At nine next morning Lincoln's front was 
at Petersham, his rear five miles distant. 

This was the favorable moment for the insurgents. They 
had passed the night in comfortable quarters, and were in 
full vigor, and could easily be embodied, and conducted to 
action, against an exhausted force, of which only the front 
had presented itself But Lincoln's flanks being defended 
by the depth of snow, and there being no approach but in the 
path in front, and having guarded this by placing his artillery 
in front, he advanced with the certainty of success. 

The first notice which the insurgents had of Lincoln's 



ON PUBLIC CHARACTERS, U 

presence, was from the entrance of the advanced guard 
among them. The surprise was complete. Their minds 
were directed to this wonderful achievement, and not to the 
advantages which they might have had over those who had 
performed it. Men who are conscious of being enwao-ed 
in punishable acts, must be assured of superior strength, 
or driven to desperation, in contending against others who 
move under the impulse of duty. Their courage abandon- 
ed them ; they instantly fled, thinking only of personal 
safety. One hundred and fifty were taken. The remain- 
der escaped into neighboring states. 



LETTER IV. 

Jan. 27, 1833. 

Notwithstanding the energetic measures of Bowdoin in 
suppressing the rebellion, the attention of the people was 
again turned to Hancock. He was always the popular 
favorite, and it was hoped, by those who sought relief from 
the public burthens, that more was to be expected from 
him than from Bowdoin. Many who had been, in princi- 
ple, opposed to rebellious measures, and those who promo- 
ted them, or were engaged in them, uniting in favor of 
Hancock, constituted a majority of the electors. In these 
early days it was suggested and believed, without any justi- 
fiable cause, that Bowdoin had English partialities ; because 
an Englishman, who bore a title, had become his son-in- 
law. Hancock having been elected, continued Governor 
until his death, which occurred in October, 1793, at the 
age of 56. 

Hancock will be considered in the history of our coun- 
try, as one of the greatest men of his age. How true tliis 



12 FAMILIAR LETTERS 

may be, distant generations are not likely to know. He 
was the son of a clergyman in Braintree, and was educa- 
ted at Harvard College, and inherited a very ample fortune, 
from his childless uncle. Hancock left no child. He had 
a son who died at an early age from an unfortunate acci- 
dent, Hancock was sent as a delegate to congress in 1774, 
as before mentioned, and in consequence of his personal 
deportment, and his fame as a patriot, he was elevated, in 
an assembly of eminent men, to the dignity of President, 
which office he held when the Declaration of Independence 
was signed, at which time he was only thirty-nine years of 
age. 

In June, 1782, Governor Hancock had the appearance of 
advanced age, though only forty-five. He had been repeat- 
edly and severely afflicted with the gout, a disease much 
more common in those days than it now is, while dyspepsia, 
if it existed at all, was not known by that name.* As 
recollected, at this time, Gov. Hancock was nearly six feet in 
stature, and of thin person, stooping a little, and apparently 
enfeebled by disease. His manners were very gracious, of 
the old style of dignified complaisance. His face had been 
very handsome. Dress was adapted quite as much to be 
ornamental as useful. Gentlemen wore wigs when abroad, 
and, commonly, caps, when at home. At this time, (June, 
1782,) about noon, Hancock was dressed in a red velvet cap, 
within which was one of fine linen. The latter was turn- 
ed up over the lower edge of the velvet one, two or three 
inches. He wore a blue damask gown, lined with silk ; a 
white stock, a white satin embroidered waistcoat, black 
satin small-clothes, white silk stockings, and red morocco 
slippers. It was a general practice in genteel families, to 

* It may be that the very general practice of drinking punch in 
the forenoon, and evening, by all who could afford it, was the cause 
of the common disease of gout. 



ON PURLIC CIIAUACTEnS. 13 

have a tankard of punch made in the morning, and placed 
in a cooler when the season required it. Visiters were in- 
vited to partake of it. At this visit, Hancock took from 
the cooler, standing on the hearth, a full tankard, and 
drank first himself, and then offered it to those present. — 
Hancock was hospitable. There might have been seen at 
his table, all classes, from grave and dignified clergy, down 
to the gifted in song, narration, anecdote and wit, with whom 
" noiseless falls the foot of Time, that only treads on fiowers." 
There are more books, more reading, more thinking, 
and more interchange of thoughts derived from books, 
and conversation, at present, than there were fifty years 
ago. It is to be hoped that society is wiser, and happier, 
than it was, from being better instructed. Som.e persons 
may be of opinion, that if social intercourse is on a better 
footing now, than formerly, it is less interesting, less 
cordial than heretofore. It is not improbable that in- 
crease of numbers, and of v/ealth, tend to make the members 
of society more selfish ; and to stifle expansive and gen- 
erous feelings. Modes of life run into matters of show 
and ornament ; and it becomes a serious occupation, to be 
able to compare condition on advantageous terms. 

Though Hancock was very wealthy, he was too much 
occupied with public affairs to be advantageously attentive 
to his own private ones. The times in which he lived, and the 
distinguished agency which fell to his lot, from his sincere 
and ardent devotion to the patriot cause, engendered a strong 
self regard. He was said to be somewhat sensitive, and 
easily offended, and very uneasy in the absence of the higSi 
consideration which he claimed, rather as a right, than a 
courtesy. He had strong personal friends, and equally 
strong personal enemies. From such causes arose some 
irritating difficulties.. He had not only a commanding de- 
portment, which he could qualify with a most attractive 
amenity, but a fine voice, and a highly graceful manner. 

Q 



14 FAMILIAR LETTERS 

These were traits which distinguished him from most men, 
and qualified him to preside, in popular assemblies, with 
great dignity. 

Hancock was not supposed to be a man of great intellect- 
ual force by nature ; and his early engagements in political 
life, and the scenes in which he was conversant, called for 
the exercise of his powers only in the public service. He 
was so placed as not to have had occasion to display the 
force of his mind, in that service, so as to enable those of 
the present day to judge of it, excepting in his communica- 
tions to the legislature. There is one exception. He de- 
livered an oration on the massacre of March 5, 1770. 

If history has any proper concern with the individual 
qualities of Hancock, it may be doubtful whether, in these 
respects, distant generations will know exactly what man- 
ner of man he was. But as a public man, this country is 
greatly indebted to him. He was most faithfully devoted 
to the cause of his country, and it is a high eulogy on his 
patriotism, that when the British government offered par- 
don to all the rebels, for all their offences, Hancock and 
one other (Samuel Adams) were the only persons to whom 
this grace was denied. 



LETTER V. 



Feb. 1, 1833. 



One who has been a careful observer of political events, 
for a course of years, well knows, that it is in these, as it is 
in private life, in this respect : — sometimes seeming evil 
results in good ; and seeming good, earnestly desired, and 
labored for, turns to evil. This may be shown in the 
occurrences just mentioned. Hancock's resignation. Bow- 



ON PUBLIC CHARACTERS. 15 

doin's election, his defeat at the third election (1787), and 
Hancock's re-election, were respectively considered at the 
time, by the best informed men, as public misfortunes. But 
if Hancock had not resigned, the rebellion, probably, would 
not have been suppressed. The war would have extended 
to other states, and we might now have been in the like 
condition with that of the Spanish provinces in South 
America. If Hancock had not been elected in 1787, it is 
doubtful whether the federal constitution would have been 
adopted in this state ; and if it had been rejected in Massa- 
chusetts, such was the respect in which this state was then 
held, it cannot be supposed that other states would have 
done differently from this. If the union of the states had 
not then been effected, it seems to have been admitted, that 
there was no hope of agreeing on any other mode of accom- 
plishing this object ; and none that the old confederation 
would long have held the states united. 

When Hancock succeeded Bowdoin,an the causes of the 
rebellion still continued. Taxes were exceedingly burthen- 
some, and means for payment wholly inadequate. Com- 
merce was conducted to great disadvantage, and mostly in 
British vessels. The importations were of articles which 
the sensible men of the day considered to be, in part unne- 
cessary, and in part worse than useless ; and not to be had 
without draining the country of specie. But in the course 
of this year the aspect of affairs changed in some degree ; 
and inspired hopes that difficulties might be surmounted. 
The fear of new commotions died away. The courts were 
no more impeded. Nine of the insurgents were tried, and 
condemned ; some of them escaped from prison, some were 
pardoned ; one only was punished by commuting the pun- 
ishment of death to that of imprisonment to hard labor. No 
blood was shed by the civil authority. Public peace and 
confidence in the government being restored, the natural 
energy of New England men was turned to objects of 



16 FAMILIAR LETTERS 

industry. About this time, witli a view to aid domestic 
manufuctures, and to prevent importations, the state took an 
interest in establishing a duck manufactory in Boston, and 
a cotton manufactory in Beverly. For some reason, both 
these efforts pioved abortive. The manufacture of pot and 
pearl ashes was much encouraged, and these became the 
most important article of export. 

In 1 788, Governor Hancock was re-elected with somewhat 
more of opposition than in the preceding election. When 
the legislature assembled, he was too much indisposed to 
make the customary speech. He sent a written message, 
which is probably the first instance of a communication in 
that form, at the opening of a session. 

In this political year there are some things worth noticing. 
Hancock made a persuasive appeal to the legislature to 
provide by law for public schools, and for suitable instruc- 
tion. Notwithstanding the general poverty and distress, 
laws were enacted, and carried into effect. Ability to 
establish the means of education, indispensable to a healthy 
state of society, and to the preservation of a republican 
government, are now abundant ; but in proportion to the 
increase of this ability, solicitude to apply it profitably seems 
to have decreased. It is a just ground of complaint, that 
the interests of education, so far as they are confided to the 
care of the state, are not sufficiently regarded. 

In 1788, Benjamin Lincoln, who commanded the troops 
in the rebellion, was chosen lieutenant-governor. He had 
acquired the highest respect and esteem, not only on that 
occasion, but for his services in the revolutionary war. It 
is not easy to assign the true cause for Hancock's treatment 
of Lincoln. At that time. Castle William, now Fort Inde- 
pendence, belonged to the state. The perquisites of the 
command at this place, were equal to an annual salary of 
one thousand dollars. The lieutenant-governor had always 
been appointed to this command, and had received no other 



ON PUBLIC CHARACTERS. 17 

compensation than these perquisites. Hancock did not 
give this command to Lincohi. The reason for not doing 
so, whatever it may have been, was not disclosed ; and 
there was no reason apparent to the pubHc. It can be 
accounted for only by knowing what opinions and feelings 
Hancock could entertain, and how pertinaciously he could 
adhere to them. The legislature interposed, and requested 
to know why Lincoln was not appointed to the command of 
the castle. Hancock evaded the inquiry, and intimated, 
that he was himself the proper judge of the time, when the 
appointment was to be made. The legislature provided a 
salary, and the appointment was not made. This conduct 
materially affected Hancock's popularity, but not to the 
extent of defeating his election, in the ensuing year. Some- 
thing may be inferred of the true character of Hancock from 
this transaction ; for no man could be more deserving of 
confidence and respect in public, and in private, than Lin- 
coln. Hancock's motives can only be conjectured. 

In 1789, President Washington visited the eastern states. 
He travelled in a post-chaise with four horses ; he was 
accompanied by Major Jackson, official secretary, and by 
Tobias Lear, his private secretary ; and attended by his 
famous man Billy, who makes a conspicuous figure in the 
forged letters, which Washington repudiated, by a solemn 
denial, filed in the office of secretary of state, on his retire- 
ment from public life. From some mismanagement at the 
line, between Boston and Roxbury, Washington was detained 
there nearly two hours ; and exposed to a raw northeast 
wind, by which exposure he was visited by a severe cold. 
Many other persons were exposed and affected in like man- 
ner, and the affection became so general as to be called the 
Washington influenza. He came in on horseback, dressed 
in his old continental uniform, with his hat off. He did not 
bow to the spectators as he passed, but sat on his horse with 
a calm, dignified air. He dismounted at the Old State 
2* 



18 



FAMILIAR LETTERS 



House, now City Hall, and came out on a temporary bal- 
cony at the west end ; a long procession passed before him, 
whose salutations he occasionally returned. A triumphal 
arch was erected across the street at that place, and a choir 
of singers were stationed there. When Washington came 
within hearing, he was saluted by the clear, powerful voice 
of Daniel Rea, who began the ode prepared for the occasion. 

Hancock, with some feeling of state rights, had taken 
the position that, as the representative of sovereignty in his 
own dominion, he was to be visited Jirst, even by the 
President; who, on Hancock's own ground, is the repre- 
sentative of sovereignty of all the states, wheresoever he may 
be within their limits. The President was made to under- 
stand that Hancock expected the first visit. This was not 
deemed proper by the President. A negotiation ensued, 
and there were some written communications. It ended in 
a refusal on the part of the President to see Hancock, unless 
at his own place of abode, which was at the house at the 
corner of Court and Tremont Streets. The delay w^as 
afterwards imputed to Hancock's personal debility. On 
the third or fourth day, Hancock went in his coach, envel- 
oped in red baize, to Washington's lodgings, and was borne 
in the arms of servants into the house. 

The President remained here about a week, and partook 
of a public dinner, dined with the governor, and attended 
an oratorio in King's Chapel, on which occasion he was 
dressed in black. On his departure for Portsmouth, he 
showed his regard for punctuality. He gave notice that he 
should depart at eight o'clock in the morning. He left the 
door at the moment. The escort not being ready, he went 
without them ; they followed and overtook him on the way. 



ON PUBLIC CHARACTERS. 19 



LETTER VI. 

Feb. 4, 1833. 

In 1774, on the suggestion of Massachusetts, a congress 
of delegates assembled at Philadelphia. This assembly 
conducted the affairs of the United States during the war 
until the year 1781. It was commonly called "The Con- 
gress." It was one body, and exercised legislative and 
executive power; and acted in the name of the states, in 
the negotiations with all foreign powers. In 1781, the 
several states adopted articles of confederation, intended to 
vest such powers in The Congress as were then deemed 
necessary ; but they amounted to no more than power to 
recommend to the several states, the adoption of such 
measures as the common defence and prosecution of the 
war required.* 

When the pressure of the war ceased, it was found that 
the powers given by the articles of confederation made 
Congress entirely dependent on the states. Congress could 
demand of the states whatsoever was necessary for the per- 
formance of its contracts made in the course of the revolu- 
tion. But the states might comply or not ; and if they did 
not, Congress had no power of coercion. If money was 
wanted. Congress apportioned the sum among the states, 
according to population and property. The states had then 
to assess on their respective inhabitants the amount de- 
manded. When the danger from the presence of the 

* It is not intended to do more than make a mere outline of his- 
torical events. Those who desire accurate information are referred 
to the first volume of the truly excellent work of Judge Story, 
entitled, " Commentaries on the Constitution of the United States." 
All the works which relate to this interesting period are there re- 
ferred to ; and his countrymen are indebted to him for an historical 
compilation which leaves nothing to be desired. 



20 FAMILIAR LETTERS 

enemy had ceased, the states judged for themselves whether 
they could, and would, comply with the demand. The 
states began, also, to exercise acts of sovereignty among 
themselves, and over such acts Congress had no control. 
They could not regulate commerce between the states, nor 
between them individually or collectively, and foreign coun- 
tries. They could not derive a revenue from importations. 
In short, they could recommend, and this was the extent of 
their power. The disturbances, and consequent insur- 
rection and rebellion in Massachusetts alarmed all the 
states. General Washington wrote to a friend, that if such 
was to be the end of the revolution, it would have been far 
better to have saved the lives and the money which it cost. 

Several propositions were made to hold conventions to 
consider the proper measures to be adopted. One was 
held at Annapolis, in Maryland, in September, 178G, but 
ordy five states were represented. These movements led to 
the convention which began in Philadelphia in May, 1787, 
at which all the states were represented, except Rhode 
Island. From this convention came the present constitu- 
tion, after a long and laborious discussion, in the course of 
which the convention was frequently on the point of break- 
ing up, hopeless of accomplishing any thing. This consti- 
tution was submitted to Congress, and by Congress to the 
states, with a recommendation that delegates from the people 
should meet and consider it. Hancock submitted this con- 
stitution to the legislature of Massachusetts in November, 
1787, and a convention assembled in Boston on the 9th of 
January following, consisting of three hundred and fifty-five 
members. 

The ablest men in the state were of this assembly. They 
commenced their session in the Old State House, and soon 
adjourned to a meeting-house, where the Rev. Dr. Chan- 
ning's meeting-house now stands, whence that street has its 
name. John Hancock was chosen president ; William 



ON PUBLIC CHARACTERS. 21 

Cashing, then chief justice, vice president ; George Rich- 
ards Minot, author of the History of the Insurrection, and of 
a Continuation of the History of Massachusetts, was secretary. 
An intense interest was taken in the proceedings of this 
respectable assembly. It was believed that, if the constitu- 
tion was rejected by them, there could be no hope of having 
it adopted by the requisite number of states. There is no 
doubt that, if the question had been taken without discus- 
sion, there would have been a large majority against the 
adoption. Each member would have voted on his own 
objections, and there were some objections in almost every 
mind. The constitution had been thoroughly discussed, in 
the most able manner, in newspapers in different parts of 
the states, before the convention met. These commentaries 
had been generally read. At the head of all of them are 
the numbers entitled " The Federalist," which were the joint 
work of Jay, Hamilton, and Madison, but principally of 
Hamilton. This work is held to be a high authority at the 
present day, as explanatory of the constitution. The theory 
and practice of mankind in government, from the earliest 
ages, were open to discussion as illustrative of the serious 
measure proposed to the American people; and it could not 
be otherwise than that the ablest men in the country should 
liave been enlisted on the one side and the other. No one 
who did not live at that time, with capacity to comprehend 
the operation of hopes, fears, jealousies, doubts, and per- 
plexities, can conceive of the sober and absorbing interest 
which was then experienced in this community. This 
interest was more deeply felt in Massachusetts than in any 
other state, in consequence of the recent rebellion ; and 
from this cause the zeal, both of advocates and opponents, 
may have been the more ardent. There are few, if any, 
men now living who were members of this convention. 
Some of them held eminent stations in public life in after 
times. There are not many now living who knew them 



22 



FAMIMAR LETTERS 



personally, and of these, perhaps there is no one who will 
take the labor of describing them, unless it be done in these 
letters. All the men who took any active part in this 
assembly, and who were sufficiently prominent to be objects 
of curiosity, will be described according to the impressions 
which memory retains, in the course of the following pages. 



LETTER VII. 

Feb. 8, 1833. 

The course of discussion was to take up paragraphs of 
the constitution, in their order, and for each member, who 
saw fit, to express his opinion. The final and only ques- 
tion was, on the acceptance or rejection of the instrument, 
in whole. Elbridge Gerry, who had been a member of the 
convention, and afterwards Vice President of the United 
States, as well as Governor of Massachusetts, was invited to 
take a seat in the convention, that he might be called on 
for explanations. He was so called on twice ; and, on de- 
bate, it was settled, that his answers should be given in 
writing. This gentleman was opposed to the constitution, 
and so declared himselftobe,in a letter addressed to Governor 
Hancock before he came home. Mr. Gerry was a man of 
middling stature, and thin person, of courteous manners, 
and gentlemanly appearance. He took an active and 
zealous part in the revolution. His public transactions are 
recorded in different forms, and to these reference is made 
to satisfy curiosily, as to his ability and his usefulness in 
public services. 

The first important debate that occurred in the conven- 
tion, was on the election of representatives for two years. 
Fisher Ames distincjuished himself in this debate. He 



ON PUBLIC CHARACTERS. 23 

was then about thirty years of age, and had been known as 
a writer on the politics of the day. His speech, on this 
occasion, placed him in an eminent rank as a statesman, 
and orator, which he made still higher and higher as long as 
his public life continued. No man has appeared in this coun- 
try, who took a deeper interest in its prosperity and honor ; 
and it is not an easy matter to point out his superior in com- 
prehensive and just views, or in ability to display them, 
whether in speech, or writing. It is said that the eloquence 
of the tongue, and the pen, do not often occur in the same 
man ; he was alike eminent in both. 

The constitution having been adopted by nine states in 
the course of the year 1788, the first elections under it occur- 
red in the autumn of that year. Mr. Ames was sent to Con- 
gress, and remained a member during the whole of Wash- 
ington's administration. He made many elaborate and able 
speeches. There is a test of congressional excellence, in the 
general sentiment which the public acquire, not from the 
hearing, or reading, of speeches by each one who pretends to 
an opinion, but by a community of sentiment, of which friends 
and foes admit the correctness. Thus, there are thousands 
who know that Mr. Ames was an eloquent statesman, who 
never heard his voice, nor read a word of his utterance. 
The two speeches which may be considered to have pre- 
cedence of all others which he made, were that on Mr. Madi- 
son's resolutions, and that on granting appropriations under 
Jay's treaty. The former was delivered on the 27th January, 
1794, the latter on the 2Sth April, 179G. The first of these 
speeches was in answer to a course of policy, (proposed for 
the first time at the suggestion of Mr. Jefferson in an 
official report,) which was afterwards fully developed, and 
carried into effect, during the administrations of Mr. Jef- 
ferson and Mr. Madison. The second speech was, proba- 
bly the greatest effort of his political life. He was then in 
a state of health which seemed to forbid any effort. He 



24 PAMlLIAtl LETTERS 

is represented to have given up all hope of being able to 
speak. His manly form, enfeebled by disease, was hardly 
capable of supporting him in the action of his unimpaired 
mind, and, no doubt, this circumstance tended to excite a 
highly increased interest. No one who heard him could 
suppose it possible that he should ever be heard again in 
any legislative assembly. His friend and biographer, the 
Rev. Dr. Kirkland, in his beautiful sketch of Ames, 
says of this speech, " When he had finished, a member 
" in opposition moved to postpone the decision on the ques- 
" tion, that they might not vote under the influence of a sen- 
" sibility, which their calm judgment might condemn." Mr. 
Ames so far recovered as to attend the next session of Con- 
gress. He lived till the 4th of July,. 1808, and died at the 
age of 50. Dr. Kirkland's volume contains his speeches 
and his writings, most of which are essays on the political 
affairs of this country, and Europe ; and also " Hints and 
" Conjectures concerning the Institutions of Lycurgus," — 
" American Literature," — " Review of a Pamphlet entitled, 
" Present State of the British Constitution, historically ill us- 
" trated," — " Sketch of the Character of Alexander Hamil- 
" ton." 

Though Mr. Ames's professional brethren held him in 
the highest respect,, they concurred with his biographer, 
that he was more adapted to the senate than the bar. 
" It was easy and delightful to him to illustrate by a pic- 
" ture, but painful and laborious to prove by a diagram." Mr. 
Ames was a man of jjurcst morals ; of most amiable dis- 
position ; and most sincerely beloved by his friends, among 
whom were some of the most eminent men of that day. 
lie was above middle stature, and well formed. His features 
were not strongly marked. His forehead was neither high 
nor expansive. His eyes blue and of middling size ; his 
mouth handsome ; his hair was black, and short on the 
forehead, and, in his latter years, unpowdered. He was very 



ON PUBLIC CHARACTERS. 25 

erect, and when speaking he raised his head, or rather his 
chin was the most projected part of his face. His face 
had a complacent expression when he was speaking, and 
if he meant to be severe, it was seen in good-natured 
sarcasm, rather than in ill-natured words. It was said that 
the beautiful productions of his pen were the first flow of 
his mind, and hardly corrected for the press. Mr. Ames's 
life is supposed to have been shortened by his excessive 
anxiety about his country. Many of his predictions have 
been realized, and some of them in his lifetime. His air, 
manner, and countenance, were those of an honest and 
sincere man ; the condition of the country furnishes abun- 
dant proof that he was, politically, a wise man ; all his 
mournful prophesies seem to be in the course of fulfilment. 
Rufus King was a member of this convention, from 
Newburyport. He had been in the first Congress in 1774. 
At this time he was thirty-three years of age. He was an 
uncommonly handsome man, in face and form ; he had a 
powerful mind, well cultivated ; and was a dignified and 
graceful speaker. He had the appearance of one who was 
a gentleman by nature, and who had well improved all her 
gifts. It is a rare occurrence to see a finer assemblage of 
personal and intellectual qualities, cultivated to the best 
effect, than were seen in this gentleman. He expected to 
have been chosen to the Senate of the Unked States after the 
adoption of the constitution ; but this not having happened, 
he went in the following year to reside in New York. He 
was there elected to the Senate of the United States in 1794 ; 
and was sent by Washington minister to London in 1796, and 
remained there till 1893. He was twice afterwards elected to 
the Senate ; and when he was far advanced in life, he was 
again sent to London; but his health was so much impaired, 
that he came home rn about a year, and died at the age of 
seventy-three. Mr. King's manner in the Senate was highly 
dignified, and in private life that of a polished gentleman. 
3 



26 FAMILIAR LETTERS 

His speeches, in manner, and weight, gave him an exalted 
rank. Among his superior advantages was an accurate 
knowledge of dates, and facts, of most essential service in 
the Senate. His two finest speeches are said to have been 
on the burning of Washington by the British ; and on the 
exclusion of Mr. Gallatin from the Senate, for the reason, 
that he had not been a citizen long enough to be entitled 
to a seat there. Mr. King was a public man throughout 
his long life, with few and short intervals ; but, like all other 
men, in our country, whose pride or pleasure depends on 
office, he was subjected to some disappointments. Yet he 
may be considered as one of the most successful of the 
eminent men whose relations to the public endured so 
long. 

Among other members of this convention, were Samuel 
Adams, Charles Jarvis, Christopher Gore, Benjamin Lin- 
coln, Theophilus Parsons, George Cabot, Francis Dana, John 
Brooks, Caleb Strong, John Coffin Jones, Theodore Sedg- 
wick. There may be occasion to mention these again, 
except Charles Jarvis, of whom it may be observed, that he 
was a zealous advocate for the constitution, though after- 
wards a decided opponent to the administration of it. This 
gentleman was a physician ; he was a tall fine figure, bald 
head, rather large face, and small eyes. His motions were 
vehement, and he was of ardent character. He had a fine 
voice, and a natural popular eloquence, rarely surpassed. He 
was accustomed to pause in his eloquence, when he had said 
something which he thought impressive, and to look round 
upon his audience for tlie effect. This was a hazardous 
experiment, but he never seemed to fail in it. 



ON PUBLIC CHARACTERS. 27' 



LETTER VIII. 

Feb. 13, 1833. 

The history of the world records no case of more intense 
interest, than that which pervaded the United States, in 
the year 1788. Thirteen independent sovereignties, seriously 
alarmed for their preservation against each other, more 
alarmed with the apprehension that they might give up the 
liberty which they had gained with the utmost exertion of 
mind and body from foreign tyranny, to one of their own 
creation within their own limits, called into the deliberative 
assemblies of the time, all the able men of the country. 
Some union of the states was admitted by all, to be indis- 
pensable; but in what manner it should be effected, what 
powers should be given, and what powers reserved ; how 
these should be modified, checked and balanced, were points 
on which honest men might zealously contend. Here was 
a case, in which a whole people, unawed by any foreign 
power, in peace with all the world, sorely experienced m 
■vrhat iiicij^ bo tho oaoh^Ioo i^fv^/ivii auiiiuiuy; dependent on 
no will but their own ; convinced of the necessity of forming 
some government ; — were called on to settle, by peaceful 
agreement among themselves, the most important questions 
which can be presented to the human mind. 

The first, and most comprehensive point of division, was 
found in the extent of power to be granted to the national 
government. Some men M'ere disposed to guard state rights, 
and, at all events, to avoid the establishment of powers which 
might gradually absorb them, and result in a consolidation, 
through the dominion of an aristocracy, or despotism. Others 
foresaw the necessity of vesting powers adequate to the preser- 
vation of peace among the states, to fabling all of them to 
act as one, in relation to all foreign governments, and to 



28 FAMILIAR LETTERS 

secure a coercive power, for all national purposes, over the 
citizens of the several states. How, then, were these powers, 
so liable to abuse, to be defined and regulated to the satis- 
faction of all parties ? 

There may have been some men, who desired to be free 
from all national government, and who preferred to rely on 
the strength of their own state governments. This number, 
probably, was not great. It is believed that a large majority 
of the thinking men were decided, that there must be some 
confederation of the states. The discussion, in convention 
and in the public papers on the powers to be given, and those 
to be reserved, became more and more zealous, and divided 
the country into two great parties, who to<5k the name of Feder- 
alists, and Anti-federalists. This may be called the second 
division into parties ; the preceding one, during the war, 
having been thatof whigs and tories, borrowed from English 
politics, as far back as the reign of the Charleses. 

It is to be remembered, that the popular conventions, 
assembled in the states, were not to settle what the powers 
of the national government were to be, but whether the 
powers defined, in the proposed constitution, should be those 
to be exercised ; and, consequtimiy, wliuUiei ili« ■owj&iiiui.lcMi 
was to be accepted, or rejected. This question necessarily 
led to the most searching discussion of these powers, accord- 
ing to the views which the federalists, and anti-federalists, 
entertained. Those who desire to be accurately informed 
as to the grounds of difference, will find an able sunnnary in 
Judge Story's first volume of Commentaries, Book III. ch. 
II. in which this learned and indefatigable student has re- 
ferred to all the authentic sources of information. 

We are now looking back on those eventful days, after an 
experience of more than forty years. It is humiliating to 
find, how groundless were some of the fears of the honest 
and able, and how unperceived were some of the perils, and 
the most dangerous ones too, which time has disclosed. The 



ON PUBLIC CHAUACTERS. 29 

objection least insisted upon was the abuse o( executive power ; 
that most insisted upon was the abuse of legislative power. 
The danger is now known to be from the former source, and 
that if there be any preventive power, it is to be found in the 
latter. In the sketch of debates in the Massachusetts con- 
vention, there is no notice of objections to the executive 
power ; the discussion appears to have been warm and zeal- 
ous on that of the legislature. There has been unwise and 
improvident legislation in abundance, but none hitherto that 
has endangered the liberties of the country which did not 
arise from executive suggestion. In what danger these 
liberties are, under the combined dominion of " the people's " 
president, and an association of artful, selfish, and unprin- 
cipled men, and a subservient congress, is a very serious 
inquiry. This is precisely the case which Mr. Ames so 
eloquently discussed in his political writings. 

How truly Mr. Ames foresaw a coming state of this country, 
may be seen from an essay of his entitled " No Revolutionist," 
published in 1801. "The deceivers of the people tire out 
" their adversaries ; they try again and again ; and an attempt 
" that is never abandoned, at last, will not fail. We have an 
" enlightened people, who are not poor, and who are, therefore, 
" interested to keep jacobinism down, which ever seeks plun- 
" der as the end, and confusion as the means. Yet, the best 
" informed of this mighty people are lazy ; or ambitious and 
" go over to the cause of confusion ; or are artfully rendered 
" unpopular, because they will not go over. The sense, the 
" virtue, and the property of the country, therefore, will not 
" govern it ; but every day shows that its vice, and poverty, 
" and ambition, will. We have thought that virtue, with so 
" many bright rewards, had some .solid power ; and that with 
" ten thousand charms, she could always command an hun- 
" dred thousand votes. Alas ! these illusions are as thin as 
*' the gloss on other bubbles. Politicians have supposed that 
" man really is what he should be ; that his reason will do all 
3* 



30 FAMILIAR LETTERS 

" it can, and his passions, and prejudices, no more than they 
"ought; whereas, his reason is a mere looker-on ; it is mod- 
'" eration, when it should be zeal ; is often corrupted to vindi- 
" cate, where it should condemn : and is a coward, or a 
"trimmer, that will take hush-money." 

To return to the convention; it has been observed, that 
the adoption of the constitution in Massachusetts may have 
depended on Governor Hancock. He had been absent some 
days from illness. On the 31st of January (1788) he re- 
sumed his place, and after remarking on the difference of 
opinion which prevailed in the convention, as he had seen 
from the papers, he had to propose that the constitution 
should be adopted ; but that the adoption should be accom- 
panied by certain amendments, to be submitted to Congress, 
and to the states. He expressed his belief, that it would be 
safe to adopt the constitution, under the expectation, that 
the amendments would be ratified. The discussion appears 
then, to have turned on the probability of obtaining such 
ratification. It cannot be assumed, for certainty, that this 
measure of Hancock's secured the adoption ; but it is highly 
probable. The convention may have been influenced by 
another circumstance. About this time a great meeting of 
mechanics was held at the Green Dragon tavern, situated in 
what is now part of Union Street, and westerly of the 
Baptist meeting-house. The tavern and the street were 
thronged. At this meeting resolutions were passed, with 
unanimity, and acclamation, in favor of the adoption. But 
notwithstanding Hancock's conciliatory proposal, and this 
expression of public feeling, the constitution was adopted by 
the small majority o( nineteen out of three hundred and fifty- 
five votes. 

The adoption was celebrated in Boston by a memorable 
procession, in which the various orders of mechanics dis- 
played appropriate banners. It was hailed with joy through- 
out the states. General Washington is well known to have 



ON PUBLIC CHARACTERS. " 31 

expressed his heartfelt satisfaction, that the important state 
of Massachusetts had acceded to the union. There is much 
secret history as to the efforts made to procure the rejection, 
on the one side, and the adoption on the other. It would 
take more time than the subject is worth, to detail the rumors 
of the day, in this respect. 

The proposed amendments were taken into consideration 
at the first Congress, under the new constitution, and digested 
into twelve articles. These were submitted to the several 
states, and ten of them adopted, and now form part of the 
constitution. They were in the nature of a bill of rights, 
and of the same import with like provisions in the state con- 
stitution of Massachusetts. The ninth and tenth articles, 
on the construction of powers, are frequently quoted in Con- 
gress, and in courts. 

The greatest anxiety followed the adoption, on account 
of the uncertainty whether a sufficient number of states, 
(several of them not having then called conventions) would 
accept the constitution. The required number (nine) did 
so, within the next six months, and the elections were made 
in the autumn, and following winter. 

The first Congress met at New York in the month of 
April, 1789. Washington had been unanimously chosen 
President, and assumed his office on the 30th of April. 
John Adams was chosen Vice President. The proceedings 
of Congress, at the earliest sessions, are highly important. 
They comprise the construction of the powers given by 
the constitution to that body. This subject will be here- 
after mentioned in connexion with the parties, who gave a 
character to the times, under the political distinctions before 
mentioned. 

This minute account of the origin of parties has been 
given to show, that the party-name, Federalist, was that of 
the citizens who were in favor of adopting the proposed 
confederation, or constitution ; that is, they were earnestly 



32 • FAMILIAR LETTERS 

desirous of entering into this new union. It will hereafter 
be seen, that Mr. Jefferson devoted much of his public and 
private life to prove that they were dis-unionists and monarch- 
ists; — factious and traitorous. 



LETTER IX. 

Feb. 20, 1833. 

Governor Hancock continued in office till October, 
1793, and then died at the age of fifty-six, of gout and ex- 
haustion. In the latter years of his life, he was severely 
afflicted with the gout, and hardly competent to perform the 
duties of his place, even so far as these can be performed in 
one's house. Still he retained a strong hold on the popular 
good will. His funeral was conducted with great ceremony. 
The militia of the town and surrounding country were called 
into service. The judges of the Supreme Judicial Court 
had, up to this time, worn robes of scarlet, faced with black 
velvet, in winter, and black silk gowns in summer. On this 
occasion they appeared in the latter, but, for some reason, 
they wore neither robes nor gowns afterwards. 

Hancock had some faithful friends and advisers in whom 
he reposed entire confidence. Among them was his cler- 
gyman. Dr. Samuel Cooper, though this person died during the 
early years of Hancock's magistracy, (in December, 1783,) 
at the age of fifty-nine. Dr. Cooper was one of the great 
men in revolutionary days. He was learned and eloquent, 
and one of the most finished gentlemen of that age, and one 
of the ablest divines of any age. He was singularly neat in 
his dress. He wore a white bushy wig, a cocked hat, and 
gold-headed cane. He was tall, well formed, and had an 
uncommonly handsome, intelligent, and amiable face. One 
could not fail to remember him well who had ever seen him. 



ON PUBLIC CHARACTERS. 33 

He was as much of a politician as a divine, and a powerful 
writer on the patriot side ; but there are no writings of his 
preserved, except sermons, and newspaper essays, which 
cannot now be distinguished as his. He is supposed to 
have sacrificed his life to the inordinate use of Scotch snuff. 
His brain was first seriously affected, and his mind was 
much impaired before his physical powers failed. He told a 
friend who visited him a short time before the close of his 
life, "when you come again, bring with you a cord ; fasten 
" ends of it in each corner of the room ; let the cords 
"cross in my head to keep it steady." There are repre- 
sentations of the personal appearance of Dr. Cooper, having 
inscribed on them this notice of his eloquence, mcUc dvlcior 
ftuchat oratio. The most distinguished men of that time 
were his parishioners, and among others, Governors Bowdoin 
and Hancock. 

It may not be uninteresting to sketch the condition and 
usages of society about the time of the adoption of the con- 
stitution, according to the impression now retained of them. 
There were families who were affluent and social. They 
interchanged dinners and suppers. The evening amusement 
was usually games at cards. Tables were loaded with pro- 
visions. Those of domestic origin were at less than half the 
cost of the present time. The busy part of society dined 
then, as now, at one, others at two o'clock ; three o'clock was 
the latest hour for the most formal occasions. There were no 
theatrical entertainments; there was a positive legal prohibi- 
tion. There were concerts. About the year 1760, Concert 
Hall was built by a gentleman named Deblois, for the pur- 
pose of giving concerts; and private gentlemen played and 
sang for the amusement of the company. There were sub- 
scription assemblies for dancing, at the same place, and it 
required a unanimous assent to gain admission. Dress was 
much attended to by both sexes. Coats of every variety 
of color were worn, not excepting red ; sometim.es the cape 



34 FAMILIAR LETTERS 

and collar were of velvet, and of a different color from the 
coat. Minuets were danced, and contre dances. Cotillions 
were of later date. . They were introduced by the French, 
who were refugees from the West India Islands. A very 
important personage, in the fashionable world, was Mrs. 
Haley, sister of the celebrated John Wilkes. She came 
over in the year 1785, and purchased the house in which 
the late Gardiner Greene lived, at the head of Court Street. 
She was then advanced in life, of singular personal appear- 
ance, but a lady of amiable deportment. She afterwards 
married a gentleman who was the uncle of a celebrated 
Scotch reviewer; but after some years returned to England. 
Her house was a place of fashionable resort. Marriages and 
funerals were occurrences of much more ceremony than at 
the present day. The bride was visited daily for four suc- 
cessive weeks. Public notice was given of funerals, and 
private invitations also. Attendance was expected ; and 
there was a long train of followers, and all the carriages and 
chaises that could be had. The number of the former in 
town was not more than ten or twelve. There were no 
public carriages earlier than the beginning of 1789; and 

very few for SUlllt; yeaia ttftei waido. Young men, at thoil 

entertainments, sat long and drank deep, compared to the 
present custom. Their meetings were enlivened with anec- 
dote and song. 

Among the remarkable visiters of this country was Brissot 
de Warville, in 1788, afterwards chief of a faction in the 
French Revolution called the Girondists, He was executed 
in Robespierre's time, at the age of thirty-eight. He came 
over to learn how to be a republican. He was a handsome, 
brisk little Frenchman, and was very well received here. 
He wrote a book on this country. He was much delighted 
with the Quakers, and is said to have respected their sim- 
plicity of dress, and to have introduced, in his own country, 
the fashion of wearing the hair without powder. 



ON PUBLIC CHARACTERS. 35 

The means of education have greatly improved. There 
were two Latin Schools. One in School Street, and one at 
the north part of the town. The only academies recollected 
Vi^ere one at Exeter (New Hampshire) and one at Andover, 
at which boys were prepared for college. It was a common 
practice for clergymen to receive boys into families to pre- 
pare them for college. The means of educating females 
were far inferior to those of the present time. The best 
were " boarding-schools," and there were but two or three 
of these. The accomplishments acquired were inferior to 
those which are common among hundreds of young females 
of the present time. The svmi of acquirements now, in the 
process of education, greatly surpasses that of forty years 
ago in both sexes. The moral condition of society, among 
the well informed, (so far as is seen on the surface,) is 
greatly improved. There is more occupation of various 
sorts. Society, collectively, is undoubtedly better. Whether 
its members, in all things then and now, innocent, are hap- 
pier or not, one cannot judge from youthful impressions. 
In one respect there is a change of immeasurable value ; 
that is, in the intercourse of parents and children. It is 
very possible that there are some who prefer the strict disci- 
pline of former days; and who believe that as much of sub- 
stantial benefit has been lost as gained, in the changes which 
have occurred. If this be so, it arises from the quality of 
education, and not because there is more of it. 



36 FAMILIAR LETTERS 



LETTER X. 



Feb. 22, 1833. 

The first occurrences under the new national govern- 
ment, are known from the most authentic sources, and emi- 
nently so from the fifth volume of Marshall's Life of Wash- 
ington. 

The government, though one of deliberate consent, en- 
countered, from the first moment of its being, a power- 
ful opposition. This gradually strengthened, and at the 
end of twelve years, acquired an ascendency, and converted 
the founders of the government into an opposition. It will 
appear, in distant times, to those who study the records of 
times recently passed, that when the government has been 
administered lodl, the principles developed by those who 
were its founders have been adhered to. How long the 
fabric on which the liberties of this nation depend, can 
endure the shocks which it must inevitably encounter, is 
beyond the power of conjecture. It may continue through 
many generations, or expire before another is gone. Its form 
and name may continue, though the true purposes for 
which it was instituted, may have been entirely perverted. 
There is an unceasing peril in the intrinsic difficulty of 
preserving the exact line between state and national author- 
ity. The same population, in each of the states respec- 
tively, being subjected to the two governments (national 
and state) may honestly divide in opinion as to rights and 
duties under each. This has been one of the causes of 
dissension, sometimes operating in one part of the union, 
and sometimes in another. The end of the union^ must 
come from this cause, or from the extinction of state 
governments, by the establishment of tyranny in the federal 



ON PUBLIC CHARACTERS. 37 

head. Such results were foreseen at the commencement, 
and faithfully considered in the Federalist. 

At the beginning of this government, there were causes 
of party bitterness, which have long since disappeared. 
Besides the jealousy as to state rights, and the necessity 
of effective national administration, there were the embar- 
rassments arising out of the measures which Congress, and 
the states, respectively adopted, during the war ; the claims 
on the government ; and the delicate and difficult initiation 
of the exercise of its powers. There existed, also, a vindic- 
tive and, perhaps, justifiable feeling against Great Britain, 
and a natural partiality for France, whether justifiable or 
not. The destruction of the French monarchy soon follow- 
ed ; and the seeming of republican freedom began in that 
country. War ensued between England and France. 
French politics, enthusiasm, and power, sought dominion 
in this country. The Americans who opposed this, were 
considered as devoted to England. Thus the war of 
Europe actually raged in this country to the full extent, 
excepting that no blood flowed. Then came the whiskey 
insurrection of Pennsylvania. Amidst all these difficulties, 
the national government would probably have perished in its 
infancy, if it had not been for the wisdom and firmness of 
Washington. 

The respect, confidence, and affection universally enter- 
tained for this eminent man, were fully manifested in his 
journey from Mount Vernon to New York to assume his 
office. He arrived in April, 1789, wearing, it is said, a suit 
of domestic manufacture. The members of Congress whom 
he met there, were, in part, distinguished men, who had 
assisted in framing the constitution, and who had taken a 
conspicuous rank in the conventions in which it was dis- 
cussed. The Vice President, Mr. Adams, who had been in 
Europe during most of the war, and who had recently return- 
ed, had taken his place at the head of the senate. There 
4 



30 FAMILIAR LETTERS 

were in both branches some members who had been oppos- 
ed to tlie constitution. Among the federal members, who 
may be hereafter described, were Caleb Strong, George 
Cabot, Robert Morris, Theodore Sedgwick, James Madi- 
son, Egbert Benson, William Smith, Elias Boudinot. Mr. 
Ames has already been mentioned as being of this Congress. 
It is said that the executive officers began their official life, 
with more parade and ostentation than was thought becom- 
ing ; and that Mr. Adams walked the streets with his hat 
under his arm, wearing a sword. Possibly this may have 
been so, because it was said, and believed in Richmond, in 
1796, that Mr. Adams was always preceded by four men 
bearing drawn swords; which is no very extraordinary 
amplification, if there were any thing to rest upon. Wash- 
ington's forms and ceremonies were complained of as 
amounting to royal customs. What these forms and cere- 
monies were, will be hereafter shown ; and why adopted, may 
be found in Marshall's 5th vol. p. 163, where a letter of Wash- 
ington to Dr. Stuart, is quoted, stating the reasons; what 
Mr. Jeffisrson says (in one of his posthumous volumes) to 
the contrary, notwithstanding. 

Congress continued in session till the 29th of September, 
(1789) employed in framing the laws necessary to the organ- 
ization of the government. In this space of time, the con- 
struction of the powers intended to be given, was very ably 
discussed. The number of senators did not then exceed 
eighteen. The number of representatives attending was 
about eighty. Soon after the adjournment, Washington 
made his eastern tour. He did not then visit Rhode 
Island, but did this in the following autumn. 

Among the subjects strenuously debated at this Congress, 
was the President's power of appointment, and removal of 
the officers of his cabinet. The appointment was consti- 
tutionally subject to the assent of the senate. The removal 
was then settled to be, in the power of the President alone. 



ON PUBLIC CHARACTERS. 39 

The history of the country shows, in what manner this 
power may be used ; and some who were then opposed to 
leaving it with the President alone, woukl have seen their 
predictions realized, if they had continued to the present 
day. It is perceived now, that the framers of the constitu- 
tion erred in not restricting executive power ; and that the 
first legislators erred in like manner. Though they could 
not have expected a succession of Washingtons, they are 
excusable for not dreaming of Jeffersons and Jacksons. 
Another point much discussed was, whether the secre- 
taries of the executive should make reports to Congress. 
The duties and difficulties of the treasury department may 
be discerned in Mr. Ames's remarks in support of the proposi- 
tion : " Among other things," he said, " the situation of our 
" finances, owing to a variety of causes, presents to the 
" imagination a deep, dark, and dreary chaos, impossible to 
" be reduced to order, unless the mind of the architect be 
" clear and capacious, and his power commensurate to the 
" object. It is with the intention of letting a little sunshine 
'* into the business, that the present arrangement is pro- 
" posed." 

The tonnage duty was one of the subjects, at this time, 
considered. Even then, the spirit that never tired, nor 
yielded, in favor of France, till the conclusion of the w^ar 
in 1815, was clearly apparent. It has been before remark- 
ed, that it was a natural political feeling. It may have been 
honestly entertained. Whether it was honestly applied, at all 
times to American affairs, is a matter which must be left 
to the consideration of those who will examine with an 
impartiality, not to be expected from men who united in it, 
or lamented it. 



40 FAMILIAR LETTERS 



LETTER XI. 

M.viu a 1, 1833. 

Before the President coninienced his tour in the cast, he 
selected his cabinet. Mr. JelVerson was then on his voyage 
from France, in which country he had been minister some 
years. His return was intended to be temporary. On his 
arrival he found an invitation to assume the otiice of Secretary 
of State, with an intimation, that he was to retain his diplo- 
matic character, and return to France, if he did not accept. 
He is said to have preferred the latter, but did for some 
reason forego this preference, and assumed the duties of 
Secretary on the 2'2d of March, 1790. Alexander Hamilton 
was appointed Secretary of the Treasury the precQding Sep- 
tember. This oftice is supposed to have been offered first 
to Robert Morris, who declined it, and who recommended 
Hamilton. In the same month General Henry Knox was 
appointed Secretary at War ; and Edmund Randolph, At- 
torney General. The otfice of Secretary of the Navy did not 
exist till Mr. Adams's presidency, and was first filled by 
George Cabot, in the month of May, 1708. In the lately 
published biography of John Jay, it is said, that this gentle- 
man was invited to select an otfice for himsclt', and that he 
chose the place of Chief Justice, and was appointed in the 
same September. This eminent man^will be hcreat'ter de- 
scribed ; as well as each of those who have just been men- 
tioned. 

At the next session, which was held at New York, some 
of the admirable reports of Hamilton were presented, which 
established the true course of national policy from that time 
to the present. Hamilton was then about thirty-three years 
of age. The first object appears to have been to provide for 
the debts contracted during the war. and to establish the 



ON PUBLIC CHARACTEnS. 41 

national credit. The liglit of the sun was then let in, as 
Mr. Ames said, on this chaos. There was more light than 
was acceptable to some of the members of Congress. A 
great diversity of opinion arose ; and long and animated 
debate ensued. This highly interesting subject, at that 
time, was, and ever will be, one of deepest interest to this 
country, as the true basis of national credit, and of the 
national honor, then established. The discussion seriously 
agitated the country, and gave new vigor to party dissensions. 
There were two points of prominent interest, whether the 
state debts should be assumed by the nation, and whether 
tlie evidences of debt (called then public securities) should be 
" funded " for the benefit of the holders, at the nominal value, 
or at some depreciated value. They had long been in cir- 
culation, and sometimes as low as at one eighth of the sum 
for which they issued. Tlicse securities had gathered in the 
hands of those who expected payment, if the constitution 
took effect ; and this was among the causes of the deep 
interest which the conventional meetings excited. When 
" the funding system," on Hamilton's report, engaged the 
attention of Congress, " speculation " might be called a 
public distemper. At one time the securities rose above 
their nominal value. Fortunes were won and lost in a single 
hour. No one who can remember those days, needs to be 
reminded of the intense excitement which prevailed among 
speculators ; nor of the sullen dissatisfaction manifested by 
individuals of the opposition. Doubtless the public debt was 
to be provided for ; and, so far as can now be discerned, this 
was honorably and equitably done. But its effect was to 
strengthen opposition, and to furnish one more lever to pry 
up the administration. The greater part of the securities 
were held in the middle and eastern states. The wealth 
which was acquired in these parts of the Union, may have 
been among the early causes of the feelings which have been 
elsewhere manifested, since these times. 
4* 



42 FAMILIAR LETTERS 

No two men could have been brought together more en- 
tirely opposed in opinion, and modes of action, than Jefferson 
and Ilamilion. Their disagreements became an implacable 
hostility, so that Washington thought it indispensable to 
interpose, and attempt reconciliation, in the most kind and 
persuasive manner, but all in vain. Jefferson had the 
strongest partialities for France ; Hamilton seemed to foresee 
and to feel a sense of horror for what was to be enacted in 
that country. Hamilton had a high regard for the stability 
and order of the English government. Jefferson appears to 
have entertained, at all times, the strongest dislike of it. It 
may be inferred from papers now of historical record, that 
Jefferson thought the President to have been unduly accom- 
modating to Hamilton's opinions. This the President denied. 
Placed as these two men were, in the same cabinet, it is 
quite within the range of probability, that Mr. Jefferson's 
subsequent political course may, in some degree, have taken 
its character from the feelings created, or strengthened, by 
these collisions. 

In February, 1791, the bill establishing the Bank of the 
United States was considered in the cabinet, to decide 
whether it should have the President's approval. This insti- 
tution was thought indispensable by Hamilton, in conduct- 
ing the duties of his department. It had been thoroughly 
discussed in the House on the ground of expediency and 
constitutionality. Marshall says, (vol. v. p. 297,) "the Secre- 
" tary of State, and the Attorney General, "(when the subject 
was discussed in the cabinet,) " conceived, that Congress 
" had clearly transcended their constitutional powers ; while 
" the Secretary of the Treasury, with equal clearness, main- 
" tained the opposite opinion." Written opinions were re- 
quired of each ; and the bill was approved. It does not 
appear from Marshall, that the Secretary at War had any part 
in this deliberation. From other sources of information, it 
is believed that he concurred with Hamilton. Persons, 



ON PUBLIC CHARACTEUS. 43 

who considered themselves well informed, have been heard 
to say, that this discussion in the cabinet was a scene of 
intense interest. Whether the public will ever know its 
precise character, may be uncertain. This may depend on 
a biography of Hamilton, if such a work should ever be 
written. How much the personal feelings of the two secre- 
taries may have affected this great public interest, may never 
be known. It is not too late, it seems, to doubt and con- 
tend against expediency and constitutionality, all experience 
and precedent, notwithstanding. 



LETTER XII. 

March 3, 1833. 

Congress were engaged in February, 1791, in further 
carrying into effect, by law, Hamilton's report on provision 
for the public debt, and maintaining the national credit. 
The subject then under consideration was the excise, or a 
tax on the distillation of ardent spirits. This was vehe- 
mently resisted by the opposition. They represented it to 
be, as it proved to be, an unwelcome exercise of power, 
though the very same opposition afterwards resorted to the 
same measure. It affected a numerous class of persons, 
especially in the interior of Pennsylvania, and was generally 
unpopular throughout the Union. The tax was resisted on 
many grounds, and among others, that it was unjust and 
unequal, and that any tax on property, income, lawyers, on 
written instruments, or on salaries, would be preferable. It 
affected persons who could feel the tax as an oppression, but 
who could not comprehend its expediency or necessity to 
maintain the public credit. We shall see its effect, when 
enforced, and under its operation, in an open rebellion 
against the crovernment. 



44 FAMILIAR LETTERS 

About this time the French had made such progress In 
their revolution as to have establislied their National Assem- 
bly, and the ''great nation" had already become the terror 
of Europe. The tree of liberty was to be planted through- 
out the earth. The progress of French principles was very 
grateful to the opposition in the United States; nor to them 
only. Many of the federal party were rejoiced to see the 
coming freedom of a people who had so essentially aided 
(from whatever motives) in securing that of their own 
country. In the course of the year 1792 the French Revo- 
lution had been so far accomplished as to demand, it was 
thought, a public expression of joy by the Americans. 

"A civic feast" was undertaken in Boston; such a one 
as no rational being would desire to see repeated. A whole 
ox, skinned and dressed, leaving the head and horns entire, 
and the eyes protruding from their sockets, was turned on a 
great wooden spit, before a furnace. Wiien the animal was 
sufficiently roasted, he was placed on a sledge or carriage, 
and there properly supported and propped up, was drawn 
through the principal streets of the town, and was followed 
by two cart-loads of bread and two hogsheads of punch. 
An immense concourse of people attended ; there was but 
one mind and heart, and there was no reference to political 
divisions. The procession terminated in State Street, 
where a table was laid from the eastern end of the City 
Hall to near Kilby Street ; and on this table it was intended 
that the friends of liberty should feast from the roasted ox. 
The scene soon changed ; the cutting up and distribution 
of the animal became ridiculous ; and soon riotous. The 
roasted fragments were thrown into the air, and hurled at 
female spectators who thronged the balconies, and crowded 
the windows. The end of this matter was, that a pole of 
fifty or sixty feet in length was raised in what was thence, 
Liberty Square, and surmounted with the horns of the ox, 
where they remained several years. It so happened that 



ON PUBLIC CHARACTERS. 45 

the civic feast occurred here on the same day that the head 
of Louis the 16th was severed from his body by the guillo- 
tine. This unexpected event seemed to open the eyes of 
many Americans to the true character of the French Revo- 
lution. It struck some of them with astonishment and horror; 
while it was to others, a matter of heartfelt pleasure. The 
latter, however, did not approve because they were gratified 
in the destruction of the man, for the common feeling was, 
that America was greatly indebted to Louis; but because a 
Icing had fallen ; and a triumphant advance had been made 
ill the cause of liberty. It is probable that the leaders of 
the opposition in the United States, not only saw this event 
in this light, but saw in it, also, new encouragement that 
federal power might be demolished. 

On the first application of the excise law, there were serious 
discontents and popular movements in the western part of 
Pennsylvania ; so much so, that the President issued a pro- 
clamation coarmanding obedience, and intimating that legal 
prosecutions would be enforced against all infractions of the 
laws. This system of taxation was revised by Congress in 
May, 179"2, but the discontents continued. 

The year 1793 was one of many important events. Parties 
had taken a decided character in and out of Congress. The 
veneration for Washington shielded him from open attacks ; 
but his secretary, Hamilton, was not spared. On the 27th 
of February, Mr. Giles, of Virginia, moved in the House of 
Representatives a series of resolutions, comprising several 
charges of official misconduct. These resolutions were 
debated with great acrimony until the close of the session 
on the tliird of March. But not more than sixteen members 
voted to sustain any one of the resolutions. This was a 
period of excessive bitterness, as appears from the debates 
and newspapers of the day. 

Hamilton was accused, in a paper called the " National 
Gazette," and well known to be edited by a clerk in the 



46 



FABIILIAR LETTERS 



office of Mr. Jefferson, with designs to introduce a monarchy, 
and to establish a government similar to that of Great Britain. ■ 
All the measures recommended by him, from the commence- 
ment of his duties, were brought in proof of these accusa- 
tions ; particular expressions in his reports were selected as 
conclusive evidence. On the other hand, Mr. Jefferson was 
charged in the newspapers with the design of subverting the 
government, by rendering its officers odious ; with being 
the partisan of France ; and with availing himself of his 
official station to misrepresent the purposes of the executive. 
The motives of both these gentlemen may be left to the 
decision of times more distant from those in which they were 
acting, tlian the present; and to what may be then an 
impartial judgment. They are referred to now, to show how 
the views of Mr. Jefferson were afterwards carried into his 
own administration. To this, some men of the present day 
believe, that subsequent public difficulties, and the present 
state of the country, may be attributed. 

Mr. Giles had a long political life. He was of middle 
stature, rather full person, light complexion and hair, and 
full fiice, without color. He was a very able debater, and 
thoroughly versed in the tactics of deliberative as.semblies. 
He met with some accident which deprived him of the use 
of one of his lower limbs. When he was a senator, at the 
close of Mr. Madison's administration, he moved on two 
crutches, lie showed himself to be a cool and determined 
opponent of the Washington administration, and especially 
of the Secretary of the Treasury. In this year, when the 
customary motion was made on the 22d February, that the 
House of Representatives should adjourn, for the well-known 
purpose of visiting Wa.shington, he was one of the eighteen 
who opposed it. And when Washington retired, in 1797, in 
the debate on the address to him, drawn by Mr. Ames, Mr. 
Giles opposed its adoption. Among other things he said, — 
" He did not regret the President's retiring from office. He 



ON PUBLIC CHARACTERS. 47 

"believed there were a thousand men in ihe United States 
" who were capable of filling the presidential chair as well 
" as it had been filled heretofore. And although a clamor 
" had been raised in all parts of the United States, more or 
" less, from apprehensions on the departure of the President 
" from office, yet, not feeling these apprehensions himself, 
" he was perfectly easy on the occasion." " He, for his 
"part, retained the same opinions he had always done with 
" respect to certain prominent measures of his administra- 
"tion; nor should any influence under heaven ever prevent 
"him from expressing that opinion — an opinion in which 
" he was confident, ere long, all America would concur." 
A majority did concur with Mr. Giles ere long, and these 
" measures," so far as was practicable, were overruled ; but 
whether for the prosperity, honor, and happiness of the 
country, it may be safely left to history to decide. Even 
now, it must strike one with surprise, that a sensible man, 
and a native Virginian too, found it an agreeable duty to 
record his disapprobation of a man whom all America, nay, 
all the world, regards with a veneration which never before 
or since has fallen to the lot of any man. After Mr. Giles 
left Congress he was for some time governor of Virginia. 
To what extent genuine hatred of the persons who were the 
authors of these "measures" imparted a character to Mr. 
Giles's feelings ; and how far he was convinced that Wash- 
ington's administration was injurious to the country, he 
might not have known himself; since his views, as a states- 
man, were so intimately combined with an implacable per- 
sonal hatred. 



48 FAMILIAR LETTERS 



LETTER XIII. 

March G, 1833. 
In the early part of the year 1793, France, declared 
war agahist England. This country was then entangled 
with France, by treaty. A very serious question arose, as 
to the part which the United States should take, in this war, 
or whether any. It appears to have been expected in 
France, that the United States would engage on its side, 
from treaty stipulations, or inclination, against England. 
The President, and his cabinet, were unanimously of opin- 
ion, that the United States were not held to take part in a war 
begun by France; and on the 18th of April, the celebrated 
proclamation of neutrality was issued. On the receiving of 
a minister from the French republic, the cabinet were divi- 
ded ; Jefferson and Randolph were in favor of it, Hamilton 
and Knox against it. The President adopted the opinion of 
the former. It appears to have been Washington's prac- 
tice, to state questions in writing to the members of his 
cabinet, and to require their written answers ; these, he 
appears to have examined, and to have formed his own 
opinion ; sometimes requiring a discussion of these opin- 
ions in his presence. 

The country was already divided into parties, for and 
against, making a common cause with France. That in 
favor of it, severely condemned the proclamation ; the 
other approved of it in the highest terms. The former 
denounced it as a royal edict, and as a daring assumption 
of power ; while the other upheld it as a new proof of the 
wisdom and patriotism which had always distinguished Wash- 
ington. About this time, there were introduced from France 
imitations of what was there called the Jacobin Club. This 
club (so called from its place of meeting) was composed of 



ON i'UBLIC CHARACTERS. 49 

Certain prominent men who met to decide what the meas- 
ures of the government should be, and they accomplished 
their objects by intrigue and terror. The institutions of 
the same sort here, were formed for the ostensible purpose of 
preserving civil liberty, but for the real purpose of over- 
awing the government. They were here called " Democra- 
tic Societies," by their members, and " Jacobin Clubs," by 
their adversaries. They had an affinity with each other, by 
means of corresponding committees. They approved of all 
the excesses of the French Revolution. In some of their 
festivals, especially in Philadelphia, extraordinary ceremo- 
nies are said to have occurred, in the presence, too, of dis- 
tinguished men. But the memory of them has passed away; 
and it is probable, that the agents in these scenes lived to 
regret them. It can be no otherwise useful to refer to them, 
than to show the character of the times ; and the excessive 
enthusiasm which the transactions of France inspired ; and 
how embarrassing it was to our own government. Washing- 
ton felt these combinations, as being destructive of all social 
order ; and is supposed to have alluded to them in his fare- 
well address, in speaking of " secret societies." He men- 
tioned them again and again, with the most decided disap- 
probation, in his private letters. 

The first minister that appeared here from the French 
republic, was the " citizen" Genet, who is said to have insti- 
tuted the Jacobin Clubs in the United States. His employ- 
ers assumed, that the United States were to engage, at once, 
in the war ; and he was authorized to commission privateers, 
and to raise, in the United States, forces to attack British 
and Spanish possessions on this side of the water. He 
seemed to consider himself entirely independent of the 
government of the United States. He was a man of mid- 
dling stature, and full person, (as now recollected,) and of 
ardent and animated temperament. 

It is usual for a foreign minister to present his creden- 
5 



50 FAMILIAR LETTERS 

tials to the government to which he is sent, and to be 
received as such before he begins to exercise his functions. 
But the citizen Genet did not stop for such ceremonies. He 
landed at Charleston, S. C. on the 8th April. He was there 
received with every demonstration of respect and joy, as 
the representative of the great nation ; and during his resi- 
dence there, assumed to issue commissions, for the arming, 
fitting out, and manning with Americans, vessels of war 
" to cruise and commit hostilities on nations with whom the 
"United States were at peace." {3IarshaU, v. 411.) 

His journey from Charleston to Philadelphia, was as that 
of a victorious chief, to whom a country was indebted for 
its salvation. He arrived at Philadelphia on the IGth of 
May, and was there received in a manner which might 
have misled a more intelligent man than citizen Genet. It 
strikes one with some surprise, that such events could have 
occurred in this country. One cannot look back on the 
enthusiasm and gratitude felt for republican France, with- 
out feeling how easily good sense and discretion may for- 
sake a people. But we look back under the influence of 
events of posterior times, and as though these ought then to 
have been foreseen. Regarding this matter dispassionately, 
nothinfT was more natural than this enthusiasm. Grateful 
attachment to France while a monarchy, and detestation of 
Enorland as a royal tyranny, had long been the common 
sentiment of the whole country. Now that France had 
become a republic, and was contenrling, to maintain her- 
self, against England and royalty, the duty and interest of 
siding with France was too certain to admit of reasoning, — it 
was an irresistible feeling. The greater, then, is the esti- 
mation in which Washington's foresight should be held, since 
he saw through, and far beyond this excitement ; and, most 
honorable to him, was that magnanimity which opposed 
itself to the popular clamor. 

Genet was astonished to find, that he could not carry on 



ON PUBLIC CHARACTERS. 61 

the war from this country, by exercising the powers of sove- 
reignty in arming vessels, and having their prizes con- 
demned by French consuls. The government was deter- 
mined to adhere to the strictest neutrality ; to which Genet 
had no objection, provided he could carry on the war him- 
self; as though belligerent operations could be conduct- 
ed in a neutral country in the name of a party to a war, 
without making that country a party in it. This he insisted 
on doing ; and when told that he would be resisted by force, 
he threatened to appeal from the President to the people. 
The controversies with Mr. Genet were exceedingly em- 
barrassing to the President. On one occasion he had to 
call on Governor Mifflin, of Pennsylvania, to prevent the 
sailing of a vessel which had been brought in, as prize by 
a French frigate, and converted into a privateer at Phila- 
delphia, and named Le petit Demoerat. It was on this 
occasion, that he told Alexander J. Dallas, secretary to Gov- 
ernor Mifflin, that he would appeal to the people. Mr. 
Dallas is the same gentleman, who was afterwards Sec- 
retary of the Treasury of the United States. He was a 
lawyer of some eminence, a tall man, of good manners, 
marked with the small pox, (if rightly remembered,) 
and of inexhaustible eloquence. A speech of two, three, 
or even four days, was not an unusual effort with him. 
About twenty-five years ago he came to Boston to argue a 
cause. He was a very fluent speaker, but diffusive, and 
fanciful. He was entirely on the French side of American 
feeling, as was Governor Mifflin. The conduct of Mr. 
Genet became so insolent, and offensive, that the President 
required of Gouverneur Morris to demand of the French 
government, his recall. Morris was then minister at Paris. 
Genet was recalled, though his mission would have terminated 
if he had not been, as in the revolutionary movements in 
France, the party to which he was indebted for his minis- 
try, was overthrown. Mr. Genet remained in the United 



52 FAMILIAR LETTERS 

States, and is supposed to be yet living in the state of New 
York. He was succeeded by Mr. Fauchet, whose agency 
was no less conspicuous, though conducted with more re- 
gard to diplomatic usage than Mr. Genet's. 

In the prosecution of the war, between France and 
England, in 1793, two serious difficulties arose. The 
French having immense armies on foot, and the laboring 
population having been drawn forth by military conscrip- 
tions, the want of provisions became very pressing. France 
depended, to some extent, on supplies from America. The 
English had the command of the ocean, and, in June, issued 
an order to stop all vessels bound to France, loaded with 
flour, corn, or meal ; and to take them into port, unload 
them, pay for the cargoes, and freight, and then liberate 
the vessels. There was no doubt, that this was a strong 
measure, and whether defensible, or not, on any construc- 
tion of the law of nations, it is not the present purpose to 
inquire. The order gave great dissatisfaction in the United 
States. 

The other difficulty was, that the British then began to 
impress seamen from American vessels. Impressment has 
been an immemorial usage in England ; and she asserts the 
right of taking her own subjects, wherever found, in time 
of war. The difficulty of distinguishing between her own, 
and other subjects, often led to the impressment of Amer- 
icans. This became a subject of very serious and just 
complaint. Whether England might take persons out of 
American vessels, who were born British subjects, but who 
had been naturalized in the United States, was another 
point of difference. England contended that her subjects 
can never abandon their allegiance, and may be taken on 
the high seas from any but a national vessel of war. Dur- 
ing the administration of Mr. Jefferson, and that of Mr. 
Madison, the protection, not only of naturalized persons, 
but of all persons sailing in merchant vessels, bearing the 



ON PUBLIC CHARACTERS. 53 

American flag, was contended for, and was fostered into 
one of the causes for declaring war. This point remains 
as it was, forty years ago, though rather worse for the 
war, undertaken to sustain the American pretension. From 
the national similarity of the English, and Americans, it 
is apparent, that it is a subject of intrinsic difliculty ; 
and one that can be settled only by a course of negotiation, 
little likely to occur. 



LETTER XIV. 

March G, 1833. 

The effect of the aggressions of England during the year 
1793, and the partiality for France, were apparent, at the 
next meeting of Congress, on the 4th of December. There 
was a majority of about ten votes against the administration, 
as appeared in the choice of speaker. The opposition sup- 
ported Mr. Muhlenberg, the federalists Mr. Sedgwick. Thus 
it may be considered, that the federal administration was 
destined to fall, and that the political system which the feder- 
alists had founded, would, " ere long," pass into the hands 
of those who had always been its enemies. 

The speech of Washington, at the opening of the session, 
was comprehensive and luminious, and well deserves the 
study of all who would understand the elements of the great 
political events which followed. Mr. Jefferson (Secretary of 
State) presented his detailed and ingenious report on com- 
mercial relations. This akso deserves an attentive study, 
since it shows the principles of the policy which was carried 
into effect under his presidency. As these are matters of 
history, ably set forth in Marshall's fifth volume, it would be 
only transcription to notice them more fully ; nor would it 
be expedient to do so, in these hasty sketches. Mr. Jeffer- 



54 FAMILIAR LETTERS 

son had intimated his intention to resign his office some 
months before this time. He was prevailed on (as he says) 
to remain, until the 31st of December, 1793, and then with- 
drew. The most favorable account of Mr. Jefferson's offi- 
cial conduct, by any judicious and impartial writer, is that 
given by Chief Justice Marshall, who is incapable of doing 
injustice to any man, even when a political opponent. On 
this occasion he was telling truth, with the sanction of his 
own high reputation, and on as interesting a subject as ever 
engaged the attention of any historian — The Life of Wash- 
ington. It is rather to be supposed, from his well known 
character, that he was careful not to make himself liable to 
the imputation of having performed a trust, unfavorably to 
one, whose opinions he might not have approved. 

This able historian's view of Mr. Jeffi^rson at this period 
shoidd be considered, because it gives a key to his subsequent 
political life. Chief Justice Marshall says, at a time when 
Mr. Jefferson was living, (vol. v. 488,) among other things : 
*' This gentleman withdrew from political station, at ai 
" moment when he stood particularly high in the esteem of 
" his countrymen. His fixed opposition to the financial 
" schemes proposed by the Secretary of the Treasury, and 
" approved by the legislative and executive departments of 
" the government ; his ardent and undisguised attachment to 
" the revolutionary party in France; the dispositions which 
" he was declared to possess in regard to Great Britcdn ; 
" and the popularity of his opinions respecting the constitu- 
" tion of the United States; had devoted to him that immense 
" party whose sentiments were supposed to comport with his 
" on most, or all these interesting subjects. To the opposite 
" party, he had, of course, become particularly unacceptable. 
" But the publication of his correspondence with Mr. Genet, 
" dissipated much of the prejudice which had been excited 
" against him. He had, in that correspondence, maintained, 
" with great ability, the opinions maintained by the federal- 



ON PUBLIC CHARACTERS. 55 

" ists on those points of flifference, which had arisen between 
" the two republics. The partiality for France, which was 
" conspicuous through the whole of it, detracted nothing 
" from its merits, in the opinion of the friends of the admin- 
" istration, because, however decided they might be to sup- 
" port their own government in a controversy with any nation 
" whatever, they felt all the partiality for that nation which 
" the correspondence expressed. The hostility of his 
" enemies, therefore, was for a time considerably lessened, 
"without a corresponding diminution of the attachment of 
" his friends. In office it would have been impracticable 
" long to preserve these dispositions. And it would have 
" been difficult to maintain that ascendency which he held 
" over the minds who had supported (and would probably 
" continue to support) every pretension of the French Re- 
" public, withmit departing from principles and measures 
" tvliicli he had, openly and ably defended." 

It may not then have been Mr. Jefferson's love of his 
" clover fields," and desire of retirement, that carried him 
back (31st December, 1793,) to Monticello ; but his percep- 
tion of the same truths which were obvious to the historian. 
It is well remembered that Genet openly charged Mr. 
Jefferson with having " a language officicd, and a language 
" confidential."* He may have entertained very different 
opinions as secretary, from those which he entertained as a 
man, and which he might fearlessly act upon when he 
attained to the presidency. 

Mr. Jefferson mentions Chief Justice Marshall several 
times, in his volumes, with some sensibility. In writing to 
his old friend John Adams, under date of January 1-5, 1813, 
(vol. iv. 195,) he remarks : " Marshall has written libels on 

* Mr. Jefferson, in a letter to Mr. G. Morris, says : " If our citizens 
"have not already been shedding each other's blood, it is not owing 
" to the moderation of Mr. Genet, but to the forbearance of the gov- 
" ernment." 



56 FAMILIAR LETTERS 

*' one side ; others, I suppose, will be written on the other 
" side ; and the world will sift both, and separate the truth 
" as well as they can." 

The session of Congress commenced on the 4th of Decem- 
ber, 1793, was one of the most important and interesting 
that had hitherto occurred. It intimated the mptives of 
parties, as they have since been developed, in public affairs. 
Both branches were composed of able men; and among them 
were some of the most eminent. The House of Representa- 
tives was nearly equally divided on great questions. The 
members who might be regarded as the most prominent in 
the Senate, were George Cabot, Caleb Strong, Oliver Ells- 
worth, Aaron Burr, Rufus King, Robert Morris, Albert 
Gallatin. In the House of Representatives, were Abraham 
Baldwin, William B. Giles, William B. Grove, Richard 
Bland Lee, Nathaniel Macon, James Madison, John Francis 
Mercer, F. A. Muhlenberg, Josiah Parker, Thomas Sump- 
ter, Abraham Venable, Alexander White, who voted gen- 
erally together. And on the other side, were Fisher Ames, 
Robert Barnwell, Egbert Benson, Jonathan Dayton, Thomas 
Fitzsimons, Nicholas Gilman, Benjamin Goodhue, James 
Hillhouse, William Hindman, Daniel Huger, Philip Key, 
John Laurence, Samuel Livermore, William Vans Mur- 
ray, Theodore Sedgwick, Jeremiah Smith, William Smith, 
Jeremiah Wadsworth, Artemas W\ird, who on most occa- 
sions voted together ; and sometimes Elbridgc Gerry voted 
with them. 

To such men fell the duty of investigating the principles 
which ought to regulate commercial relations with all foreign, 
countries, at a time when all Europe was in the paroxysm 
of revolution ; and when the Mediterranean commerce was 
at the mercy of the Algerines ; and the citizens of this 
country divided almost to the line of civil war, among them- 
selves. In this high excitement the fortress which was to 
be demolished, or protected, was the Washington adminis- 
tration. 



ON PUBLIC CHARACTERS. 57 

The first great legislative movement arose on Mr. Madi- 
son's resolutions on commercial affairs, presented on the 4th 
January, 1794; (founded on Mr. Jefferson's report.) This 
gentleman had disclosed similar views on the subject of ton- 
nage duty, at the first Congress. The debate was long and 
acrimonious. The feelings of the House, and the character 
of the debate, may be judged of from this incident : Mr. 
Ames said, the resolutions had French stamped on the very 
face of them. 

Josiah Parker, of Virginia, replied, that he wished there 
was a stamp on every forehead, to designate whether he was 
for France or Britain. 

The two parties were so nearly balanced in the House of 
Representatives, that measures, deeply affecting the per- 
manent interests of the United States, might be settled by 
majorities not exceeding five. In the Senate, the Vice 
President had, repeatedly, to settle the most important ques- 
tions by his casting vote. An act to cut off all intercourse 
with Great Britain, passed the House by a small majority ; 
in the Senate its fate depended on the casting vote of the 
Vice President, who voted against it. 

Inquiry into the official conduct of Hamilton, as Secretary 
of the Treasury, was renewed at this session. Mr. Giles, 
Mr. Munroe, Mr. Venable, all Virginians, and all of them 
personal enemies of the Secretary, conducted the inquiry 
with the utmost scrutiny ; but their efforts, even in these 
bitterest times of party, were unavailing. The result was 
most honorable to the Secretary. 

The great subjects suggested in the President's message, 
and in official reports, at the early part of the session, were 
under consideration in the two branches, from the beginning 
of January to the iBth of April. The French excitement 
could rise no higher among the people. They insisted that 
the friends of France should declare themselves by wearing 
the national cockade. They insisted, too, on war against 



58 



FAMILIAR LETTERS 



England ; unci tliat every motive of self-respect, and justice, 
forbade a moment's delay : while every motive of gratitude 
to the nation which had made us free, and were now 
struggling to maintain their own freedom, demanded all our 
aid. In the two branches of Congress the war of words 
disclosed a state of feeling, which the decorum of the place 
hardly restrained from full expression. 

We live now in times of some interest; and wliich ought 
to be far more interesting than they arc. No one, not old 
enough to remember the state of feeling at that time, can 
have any conception, from what is now experienced, of the 
intense excitement which then prevailed. 



LETTER XV. 

In this state of things, Congress, and the whole country, 
Were brought to a sudden pause, by the appointment of John 
Jay, then Chief Justice of the United States, to be Envoy 
Extraordinary to Great Britain. This was an unexpected 
blow to the French party. As soon as they could rally, the 
administration was attacked, not only for the measure itself, 
that is, opening a negotiation at all, but especially, that the 
President should have nominated such a man as John Jay, 
and funliermore a judicial oflicer. It may be some relief 
in recurring to these dry and forgotten facts, to state what 
is recollected of the personal appearance and conduct of Mr. 
Jay. 

Soon after Mr. Jay's appointment to the office of Chief 
Justice, he came to Boston to hold a court. As now 
remembered, his personal appearance indicated his origin. 
He was descended from one of the French Protestant fami- 
lies, usually called Huguenots. This name, which is of un- 
certain derivation, was, like Puritans, given to a certain class 



ON PUBLIC CHARACTERS. 59 

of Christians. It will be recollected that in 1C98, when 
Henry IV. fought his way to the crown, he issued the 
edict of Nantz, by which he assured to all his Protestant 
subjects, the rights and privileges enjoyed by those who were 
Catholics. In 16S5, this edict was revoked by Louis XIV. ; 
at the instigation, it is said, of one of his female favorites, 
(Pompadour.) 

The Huguenots escaped from France, and carried with 
them skill, talents, industry and property, and established 
themselves in different parts of Europe. Many families found 
their way to America in the course of time. France is sup- 
posed to have lost, by persecution and emigration, a million 
of its best subjects. Mr. Jay's family came over, and settled 
in New York. He was born in this country. He was forty- 
four years of age when appointed Chief Justice in 1790. 
His height was a little less than six feet; his person rather 
thin, but well formed. His complexion was without color, 
his eyes black and penetrating, his nose aquiline, and his 
chin pointed, His hair came over his forehead, was tied 
behind, and lightly powdered. His dress black. The ex- 
pression of his face was exceedingly amiable. When stand- 
ing, he was a little inclined forward, as is not uncommon 
with students long accustomed to bend over a table. His 
manner was very gentle, and unassuming. This impres- 
sion of him was renewed in 1795, in New York. He had 
returned from his mission to England in that year, and had 
been chosen Governor of New York, which oflice he assum- 
ed in July. He was then about fifty, (December, 1795.) His 
deportment was tranquil and unassuming; and one who had 
met him, not knowing who he was, would not have been 
led to suppose, that he was in the presence of one eminently 
gifted by nature with intellectual power, and who had sus- 
tained so many offices of high trust and honor. About six 
years after this time, he retired from public life, and almost 
from the world, and passed the remainder of his days at the 



60 FAMILIAR LETTERS 

family estate at West Chester. He took no part in political 
affairs, and was not publicly heard of, except in two or three 
instances, when he answered inquiries concerning facts 
within his knowledge. 

History will assign to John Jay an elevated rank among 
the great; nor only so, it will place him equally high among 
the pure and the virtuous. Throughout his useful and hon- 
orable life, he was governed by the dictates of an enlighten- 
ed Christian conscience. He thought and acted under the 
conviction, that there is an accountability far more serious 
than any which men can have to their fellow men. The 
bravest soldiers, and the worthiest statesmen, have ever been 
those who believed in such accountability. 

Other events of the year 1794, remain to be mentioned. 
Cono-ress adjourned June 9th, in very ill humor. In Feb- 
ruary before, Mr. Fauchet had arrived as minister from 
France, having with him two associates, or counsellors, of 
consular rank. The French government requested the 
recall of Mr. G. Morris, who had taken no pains to conceal 
his disapprobation of the revolutionary proceedings. This 
was complied with, and Mr. Monroe, to whom no such 
objection could be made, was his successor. 

In August, 1794, the whiskey rebellion had taken so seri- 
ous a character in Pennsylvania, that an army was formed, 
composed of volunteers from that state, and detachments of 
militia from New Jersey, Maryland, and Virginia. The 
Governor (Mifflin) exerted himself very honorably on this 
occasion ; and took command of the troops of his state. 
The Governor of New Jersey commanded the troops of 
that state. Those of Maryland and Virginia, as well as the 
others, were under command of General Henry Lee, then 
Governor of Virginia. When these troops had assembled at 
two respective places of encampment, Washington visited 
them, and directed Hamilton to accompany them to the 
West. The insurgents did not venture to meet this force; 



ON PUBLIC CHARACTERS. 61 

and the rebellion ceased without conflict. Two individuals 
were tried and convicted, and afterwards pardoned. No 
further opposition was then made to the excise hiw. It is 
supposed that this rebellion was instigated by some men of 
intelligence and influence ; but there is no such certainty of 
this, as would justify the mention of names. 

During this year the democratic societies, or Jacobin 
Clubs, had extended themselves over the whole country, and 
took a most active and offensive part against the administra- 
tion. They assumed that "the people" had the right to 
dictate to the government the measures to be pursued ; and 
that they were "the people." These societies were attack- 
ed in various ways from the press and otherwise ; sometimes 
by severe reproach, and sometimes by satire. They grad- 
ually became odious, and disappeared. 

In 1794 the celebrated Talleyrand was in the United States. 
He had been required to leave England. In July and 
August he was in Boston. His personal appearance was as 
remarkable as his character. His height was above middle 
stature, hair light, complexion sallow, eyes blue ; mouth, 
wide and far from handsome. His body was large, and 
protuberant in front, his lower limbs remarkably small and 
his feet deformed. He declined speaking English, whether 
he could, or not. He may have been about forty years of 
age. The expression of his face was tranquil, and his man- 
ner that of a cool observer. Little is known of what he did 
observe, except from a small publication which he made on 
his return to France.* No man lives who has seen a 
greater variety of fortune. The world would be his debtor, 
if he shoidd bestow upon it his knowledge of the secret 
springs of political events. This is not to be expected. He 



* It is entitled, Memoir concerning the Commercial Relations of 
the United States and England ; by citizen Talleyrand, read at the 
National Institute ; 15 Messidor year V. 
6 



62 FAMILIAR LETTERS 

will probably withdraw with little solicitude as to what is 
said, or done ; believed or discredited, after he is gone. 

At the close of the year 1794, General Knox resigned his 
place as Secretary at War, and came to Boston. His suc- 
cessor was Timothy Pickering, who was at that time Post- 
master General. When Hamilton returned from the west- 
ern expedition towards the close of the year, he gave notice 
that he should resign on the 31st of January following. 
His successor was Oliver Wolcott. 

The last important public ax:t of Hamilton, and perhaps 
not inferior to any one, was a report on the means of sus- 
taining the public credit, embracing a comprehensive view 
of the system which he had pursued. The present unex- 
pected reduction of the public debt, is entirely the conse- 
quence of Hamilton's measures. He may safely rest his 
fame, as a statesman, on his labor and success in placing the 
public credit, so essential in war and peace, on a firm 
foundation. It is perfectly in keeping, that anti-federal ru- 
lers should assume to have won the plumes which they found 
in the seats of their predecessors, and should wear them with 
the insolence, which is the privilege of plunderers. 



LETTER XVI. 



March 11, 1833. 



Mr. Jay arrived in England in June, 1794. In Novem- 
ber a treaty was signed. It arrived in the United States on 
the 7th of March following. The President, to prevent the 
preoccupation of the public mind did not allow its provisions 
to be known by any person but Mr. Randolph. Yet within two 
days, a series of essays was commenced in a newspaper in 
Philadelphia, condemning the treaty in the most opprobrious 



ON PUBLIC CHARACTERS, 63 

terms. The treaty had not been published in England; 
and no copy had been received by the British Minister. 
The President was astonished at the publication, and had no 
suspicion of the channel through which it occurred. The 
Senate was convened on the 9th of June. Pending the dis- 
cussion in the Senate, one of the opposition members, Mr. 
Mason, of Virginia, took a copy and caused it to be pub- 
lished in a Philadelphia paper. The whole country was 
immediately inflamed. Not only the opposition, but a large 
portion of those who had supported the administration, were 
against the ratification. The former now attacked the 
President personally, through the public papers. They de- 
nied to him all qualifications of a statesman or even of a 
soldier. They charged him with being the tool of England, 
and with having fraudulently drawn money from the Treas- 
ury. Addresses were sent in from nearly all the seaports, 
and from many interior towns, stating the reasons why the 
treaty should not be ratified. In Boston, at a town-meeting, 
there was but one man who raised his voice in favor of it. 
But the chamber of commerce, composed of all the respecta- 
ble merchants, sent almost unanimously, their address of 
approbation. 

Amidst all this ferment Washington stood as firm and 
undisturbed as he had ever done, relying on the conscious- 
ness of performing his duty, with all the intelligence which 
could apply to the subject. His letter to the Selectmen of 
Boston, is worth transcribing, to show the serenity of a great 
and good mind, under as trying circumstances as can occur 
to any man. 

United States, 28th July, 1795. 
Gentlemen : 

In every act of my administration, I have sought the hap- 
piness of my fellow-citizens. My system, for the attainment 
of this object, has been, to overlook all personal, local and 



64 FAMILIAR LETTERS 

partial considerations ; to contemplate the United States as 
one great whole; to confide, tliat sudden impressions, \yhen 
erroneous, would yield to candid reflection; and to consult 
only the permanent, and substantial interests of our country. 
Nor have I departed fi-om this line of conduct, on the occa- 
sion which has produced the resolutions contained in your 
letter of the 13th inst. 

Without a predilection for my own judgment, I have 
weighed, with attention, every argument which has at any 
time been brought into view. But the constitution is the 
guide which I never can abandon. It has assigned to the 
President the power of making treaties, with the advice and 
consent of the Senate. It was doubtless supposed, that these 
two branches would combine, without passion, and with the 
best means of information, those facts and principles on 
which the success of our foreign relations will always de- 
pend ; that they ought not to substitute, for their own con- 
victions, the opinions of others; or to seek truth through 
any channel, but that of a temperate and well informed inves- 
tigation. 

Under this persuasion I have resolved on the manner of 
executing the duty before me. To the high responsibility 
attached to it, I freely submit; and you, gentlemen, are at 
liberty to make these sentiments known, as the grounds of 
my procedure. While I feel the most lively gratitude for 
the many instances of approbation from my country, I can 
no otherwise deserve it, than by obeying the dictates of my 
conscience. 

With due respect, I am. Gentlemen, Your Ob't. 

Geo. Washington. 

The treaty was ratified on the 24th of June, by precisely 
the constitutional majority, (two thirds) after an investiga- 
tion continued from the 9th of the same month. 

At the very time when these addresses were pouring upon 



ON PUBLIC CHARACTERS. 65 

the President from all quarters, an incident occurred of deep 
interest to him, to his Secretary Mr. Randolph, and to the 
whole country. It also disclosed the character of French 
diplomacy, under the new republic, in a very unexpected 
manner. The unfortunate French nation, had voted down 
the only rational support of public and private morals. 
They had raised a deity, whom they called Nature, and to 
whom they rendered their worship. With such creed, wor- 
ship, and their national enthusiasm, they had become a ter- 
rible people to the civilized world. They were so thought 
of, by the considerate people of the United States. But not 
by the opposition to Washington, and his measures. Clearly, 
not by Mr. Jefferson. He, on the contrary, beheld in the 
success of French power, diplomatic and martial, the over- 
throw of " monarchists, Anglomen, and federalism ;" the 
downfall of England, and the fruition of all the blessings, 
which he and his associates had to bestow on his country, 
as soon as the opportunity should arrive. 



LETTER XVII. 

Mahch 17, 1833. 

Mr. Fauchet's instructions and authority, appear to have 
been much of the same import with those of Genet, but he 
was much more of a diplomatist. In October he framed a 
despatch, giving his viev/s of the state of the country, and of 
parties, and an account of his intercourse with the friends 
of France in the United States. His communication was 
sent by the Jean Bart, a French privateer, which was 
captured by a British frigate. As the frigate's boat ap- 
proached the privateer, Fauchet's despatches were thrown 
overboard. There was an English captain on board the 
privateer, whose ship the privateer had taken. This captain 
6* 



66 FAMILIAR LETTEnS 

followed the despatches, seized them, and kept afloat till the 
frigate's boat came to him. These were sent to Mr. Ham- 
mond, British minister at Philadelphia, and by him delivered 
to Mr. Wolcott, who carried them to the President as soon 
as he returned from Mount Vernon, the 11th of August- 
Mr. Wolcott had received them the 28th of July, 

Every one who remembers any thing of the political 
events of that day cannot have forgotten " the precious 
confessions " of Edmund Randolph, then Secretary of 
State. Whether Fauchet told the truth or not, this is his 
language: "Two or three days before the proclamation" 
(of the President on the western insurrection) " was pub- 
" lished, and of course before the cabinet had resolved on 
" its measures, the Secretary of State came to my house, 
" All his countenance was grief He requested of me a 
" private conversation. It is all over, he said to me ; a 
" civil war is about to ravage our unhappy country. Four 
" men, by their talents, their influence, and their energy, 
" may save it. But, debtors of English merchants, they 
" will be deprived of their liberty if they take the smallest 
" step. Could you lend them instantaneously funds sufii- 
" cient to shelter them from English prosecution? This 
" inquiry astonished me much. It was impossible for me 
" to make a satisfactory answer. You know my want of 
"power and deficiency in pecuniary means." " Thus with 
" some thousands of dollars the Republic cotdd have decided 
"on civil war or peace. Thus the coiisciinccs of tlic prc- 
" tended 2>citnots of America have already their prices:^ 
" What will be the old age of this government, if it is thus 
" already decrepit ! " 

When the despatches of Fauchet were made known to 
him, the President was still deliberating on the ratification 
of the treaty. The causes of Mr. Randol])h's determined 
opposition, and of the advice which Randolph had so often 
given in his official station, were now fully disclosed. On 



ON PUBLIC CHARACTERS. 6T 

the 12th the President held a council with his three secre- 
taries, (Pickering, Wolcott, and Randolph,) on the ratifica- 
tion, probably to see for himself, among other things, the 
manifestation of Mr. Randolph's views. He continued to 
treat Mr. Randolph with his usual courtesy, while the des- 
patches were in the hands of a translator ; and on the 15th 
and 18th received Mr. Randolph at his table. On the 19th, 
while the President was conversing with Mr. Pickering and 
Mr. Wolcott, Randolph came in. The President rose and 
presented to him the intercepted letter, and requested him 
to explain it, if he could. Perceiving his confusion, the 
President proposed to him to step into another room and 
consider of it. He presently returned, and said he would 
make his explanation in writing. Soon after he resigned. 
Mr. Randolph published a defence, after following Mr. 
Fauchet to Newport, (Rhode Island,) whither Fauchet had 
gone to embark for France. Mr. Randolph reached New- 
port on the 3 1 St, but failed to obtain a countervailing cer- 
tificate. Fauchet promised it, but sailed without giving it. 
In the midst of all these vexations the President ratified the 
treaty on the 14th of August. 

The general sentiment at the time was, that Mr. Randolph 
had abused the confidence which the President placed in 
him, and that his party devotion had subjected him to severe 
reproach. To what extent Mr. Randolph was culpable, it 
is not material to inquire. With Mr. Randolph, as an 
individual, there is no intention to interfere, but only to 
show what the state of the country was, and what the 
influence of French feeling was. 

Mr. Randolph (at Richmond) in the autumn of 1796 
had returned to the practice of the law. He was obviously 
under a cloud. His appearance was that of a dejected 
being. Mr. Randolph was a man of large person, with a 
heavy, grave face. His reputation, as a lawyer, was very 
respectable. At this day, candor compels one to say, that 



68 FAMILIAR LETTERS 

Mr. Randolph had no treasonable views with regard to his 
own country. He may have been so misled by the excite- 
ment of the times, as to have justified to himself any thing 
that would tend to the injury of England, and to the benefit 
of France. But how far he could justify his acts on this 
ground, while he held the station of Secretary, and had the 
confidence of the President, is quite another consideration. 

Timothy Pickering, who was at this time Secretary of 
War, was charged with the duties of Secretary of State on 
Mr. Randolph's resignation, and appointed to this office 
in December following. In January following, James 
McIIenry was appointed to the office which Mr. Pickering 
had left. Between the month of August and the end of the 
year, several events occurred which will merely be men- 
tioned to keep up the connexion with those more interesting. 

Favorable treaties had been made with the Indians in the 
west and in the south ; of the latter we have lately heard 
something in connexion with the movements in Georgia. 
The Algerines had taken our vessels, and held many 
Americans as slaves. A treaty was made with them, as 
the United States had no maritime force to prevent their 
aggressions. There had been indications that some ar- 
rangement might be made with Spain concerning the dis- 
puted rights on the Mississippi, and on the navigation of 
that river. William Short, of Virginia, was minister resi- 
dent in Spain, and was succeeded the next summer by a 
gentleman of South Carolina, Thomas Pinckney, usually 
called Governor Pinckney, to distinguish him from Charles 
Cotesworth Pinckney and his brother Thomas, then min- 
ister at London. Governor Pinckney was not of the family 
of Charles and Thomas, unless by some remote relation, 
and was a very different character from either of them. 
There was a fourth gentleman (William) of this name, of 
much celebrity, and especially in the profession of the law. 
He was not of the Pinckney families of South Carolina. 



ON PUBLIC CHARACTERS. 69 

He was of Maryland, and his name was written Pinkney. 
The two brothers, in pursuance of their father's positive 
direction by will, received the best education, and were at 
Westminster School in England and at Oxford ; and were 
admitted to the Bar in London. Both of them served in 
the war of the revolution; and both of them were among 
the most honorable and excellent of the land. They were 
afterwards candidates for the presidency. Thomas was a 
man of about six feet in stature, of well formed, thin person, 
of tranquil, modest appearance, and had the reputation of 
being a person of high intellectual cultivation, and was 
certainly of most amiable deportment. Being one day on 
the edge of the cliff, which overlooks the falls of the Mohawk 
river, he employed himself in loosening some large stones 
to roll down the precipice. As they descended, he repeated 
lines from the Latin and Greek poets which are descriptive 
of the noise made by the rolling, rapid descent of a stone. 
Charles, the elder brother, made a visit to the east in 
1804, and passed the summer at Boston and in its vicinity. 
He was of middle stature, and rather a full person com- 
pared with his brother. He was quite bald on the top of 
his head ; his hair was short and gray at the sides. His 
countenance was grave, but the expression was intelligent 
and amiable ; his manners calm and dignified. He was 
one of those who carry, in their appearance, the certificate of 
having always been gentlemen. He wore boots and spurs 
constantly, and was said to wear them even on ship board. 
Thomas, though not joined in the commission, was Mr 
Jay's assistant and counsellor in the negotiation at London 
in 1794. Of Charles, there will be occasion to speak again. 
He was probably about sixty years of age in 1804, 



70 



FAMILIAR LETTERS 



LETTER XVIII 



March 20, 1833. 

The year 179G was one of perplexing embarrassment to 
the government, from the manner in which England and 
France conducted their war. It was made still more so by 
Mr. Adet, who came over in June, 1795, as successor of 
Fauchct. This gentlemay was incessantly complaining of 
infractions of the treaty with France, and of the violation of 
neutrality. He lost no opportunity of reminding the Ameri- 
cans of their debt of gratitude to France, though if the true 
motives of the French in giving their aid, were known, it 
would probably deduct essentially from the moral obligation, 
however important the acts done may have been. When 
Mr. Monroe went to France he had a most brotherly recep- 
tion ; tears in every eye ; all which he duly reciprocated. 
He carried with him the American flag to present to the 
National Assembly ; by what authority this was done, does 
not appear. Mr. Adet brought out a French flag, to return 
the compliment. New year's day was appointed for the pre- 
sentation of this flag to the President. Among other things, 
Mr. Adet said, " I am convinced that every citizen will 
" receive, with a pleasing emotion, this flag, chcwiure the 
" terror of the enemies of liberty ; here, the certain pledge 
" of faithful friendship ; — especially when we recollect, that 
" it guides to combat men who have shared thtir toils, and 
" who were prepared for liberty, by aiding than to acquire 
" their own." This speech drew from Washington that mem- 
orable reply, uttered with the full dignity of the man, and of 
the office which he filled : " Born, sir, in a land of liberty ; 
" having early learned its value ; having engaged in a 
"perilous conflict to defend it; having, in a word, devoted 
" the best years of my life to secure its permanent establish- 



ON PUBLIC CHARACTERS. 71 

** ment in my country ; my anxious recollections, my sympa- 
" thetic feelings, and my best wishes are irresistibly excited, 
" whensoever in any country, I see an oppressed nation 
" unfurl the banners of freedom." 

He finished with saying, — " I rejoice that liberty, which 
" you have so long embraced with enthusiasm, now finds an 
" asylum in the bosom of a regularly organized government." 

The flag so presented, and so accepted, was deposited in 
the " archives," as like things are, and not in view, as the 
French minister intended it should be. On the 9th of the 
same month he wrote a letter of complaint to the Secretary 
of State, that the flag had been so shut tip ; and demanded 
that it should be exalted and displayed in the House of 
Representatives ; and said that the disposal made of it 
" would be looked upon by the Republic as a mark of con- 
" tempt or indifference." But he had, as he had often 
occasion to know, a sturdy old Roman to deal with in 
Timothy Pickering, and the flag remained where it was. 

Soon after Mr. Adet complained of the impressment of 
American seamen by the British, as a wrong done to France ; 
and that the United States were thereby voluntarily strength- 
ening the enemies of the Republic, and endangering the 
liberties of his country. And again, happening to see an 
almanac, in which the order of foreign rank, therein 
published, placed England and Spain before the Republic, 
he sent a formal letter demanding a correction of this 
injustice, or a disavowal of it, by the executive. Mr. 
Pickering answered, that Americans printed almanacs as 
they pleased, and that the government had nothing to do 
with it; but added, for his consolation, that there was an 
almanac printed in Boston, in which the Republic was 
ranked first. 

Such trifles show the temper of the times ; but there are 
other things of far diflferent import. The controversies 
about armed vessels, public and private, within the waters 



^^ 



PAMlLlAft LETTERS 



of the United States, both English and French, kept th6 
cabinet in constant agitation. Besides these occurrences, 
French privateers, which had the right by treaty to come in, 
waylaid and captured American vessels, in some instances, 
within two hours after pilots had left them, and carried them 
to the AVest Indies for consular condemnation. Controversies 
arose, also, on the construction to be given to shipments of 
merchandise, by the law of nations, and by the existing trea- 
ties, which were closely argued in diplomatic intercourse with 
the French minister. He was sustained throughout, by the 
French Americans, who considered all he said and did to 
be right, and that all their own government did was entirely 
British, and intended to be so. But impartial history will 
show that never did any executive government struggle 
harder, and with good temper too, to adhere to the principles 
of strict neutrality, and to keep out of the war, which was 
overwhelming Europe. As to the complaints made by the 
French minister, and the manner in which they were 
answered, these may be found (among public documents 
accompanying a message to Congress, January 17, 1797) in . 
the very able letter of the Secretary of State to Mr. Pmck- 
ney, at that time minister to France. 

When the treaty with Great Britain took effect, by the 
interchange of ratifications, the whole country rung with 
renewed clamor, in which Washington's public services 
were remembered only as matters of reproach. At the 
session of Congress which commenced December, 1795, 
and continued into the summer of 1796, Theodore Sedg- 
wick, of Massachusetts, moved a general proposition for 
making the laws necessary for carrying the treaties into 
effect made with Algiers, the Indians, Spain, and Great 
Britain. The latter was soon separated from all the others, 
and the most ardent and most eloquent, and at the same 
time, most acrimonious debate ensued, ever known in the 
House of Representatives. Mr. Livingston, then of New 



ON rUBLIC CHARACTERS. 73 

York, and now minister to France, began by moving that 
the President should be called on for all the papers relating 
to the negotiation of the treaty. This motion was vehe- 
mently debated, and, after some days, carried by a majority 
of fifty-seven to thirty-five. The President answered, with 
his accustomed coolness and dignity, stating his reasons 
why the House of Representatives, which has no part in 
the treaty-making power, cannot be constitutionally entitled 
to the papers called for; and concluded with saying, "a 
*'just regard to the constitution, and to the duties of my 
" ofliice, under ali the circumstances of this case, forbid a 
*' compliance with your request." This refusal was received 
with an indignation which the majority were at no pains to 
conceal. The same spirit was widely disseminated through 
the country, and every body felt wise enough to settle the con- 
stitutional question, whether the President was right 
wrong, in this refusal. 

Most fortunately for the United States, as afterwards 
appeared from the operation of the treaty, public opinion 
had undergone an important change. Popular meetings 
were again held, and though many of the provisions of the 
treaty were thought to be objectionable, and though omis- 
sions were thought to be apparent, yet it could not be 
doubted that a majority, composed of the most respectable 
and intelligent citizens, were in favor of carrying the treaty 
into effect, with entire good faith. It is worthy of remark 
that Mr. Fox, in the British Parliament, complained that 
the treaty was very unfavorable to England. It is known, 
from Mr. Jay's, and from Mr. Pinckney's communications, 
that the treaty was as favorable to this country, as could 
have been obtained. 

The popular sentiment was felt in the House of Repre- 
sentatives, and, probably, had an important influence on the 
final result. The debate necessarily took the widest range. 
Europe — the belligerents — the character of the war — our 
7 



74 FAMILIAR LETTERS 

condition — inevitable consequences — dissension among the 
branches of the government — popular enthusiasm — inter- 
est — duty — honor — inflamed party spirit — war — means 
wholly inadequate — confusion and anarchy — all figure in 
this memorable debate, and with the full glow of party ex- 
citement, which seemed to have been gathering from the 
first institution of the government, to storm forth on this 
occasion. All this may be seen in the mere printed skeleton 
of debate, which is silent as to tones, looks, and gestures. 
In a former page, the part which Mr. Ames took, on this 
occasion, has been noticed. Notwithstanding the state of 
his health, his speech comprises thirty-five closely printed 
octavo pages in Dr. Kirkland's compilation. This extract 
will give some idea of the character of the discussion : " Our 
" understandings have been addressed, it is true, and with 
" ability and effect; but, I demand, has any corner of the 
" heart been left unexplored ? It has been ransacked to 
" find auxiliary arguments ; and when that failed, to awaken 
" the sensibility that would require none. Every prejudice 
" and feeling has been summoned to listen to some peculiar 
" style of address; and yet we seem to consider a doubt as 
" an affront, that we are strangers to any influence but that 
" of unbiased reason." 

In committee of the whole, the question on making laws 
to carry the treaty into effect, rested on the casting vote of 
the chairman. The final question in the House was carried 
by a majority of three only, fifty-one to forty-eight. It may 
gratify curiosity to mention some of the individuals who 
were then members of this branch of the legislature. Amonor 
those who voted that it was expedient to make laws for 
carrying the treaty into effect, were, Fisher Ames, Theophilus 
Bradbury, Nicholas Gilman, Roger Griswold, R. G. Harper, 
James Ilillhousc, Theodore Sedgwick, Jeremiah Smith, 
William Smith. Among those who voted in the negative 
were, Abraham Baldwin, Thomas Blount, Thomas Clai- 



ON PUBLIC CHARACTERS. 75 

borne, Henry Dearborn, Albert Gallatin, William B. Giles, 
Wade Hampton, Edward Livingston, Nathaniel Macon, 
James Madison, Joseph B. Varnum. In all, fifty-one for, 
forty-eight against the measure. 

With a view to make known to France the true state of 
the country, and to remove all erroneous impressions, the 
President contemplated a special mission thither. He had 
the further inducement, that he was not satisfied with the 
ministry of Mr. Monroe. But finding that he was not 
authorized, as he considered, to create an office, without the 
assent of the Senate, but only to fill vacancies in an existing 
office, the design was relinquished. Mr. Monroe was re- 
called, and Charles Cotesworth Pinckney was appointed in 
September, 1796. Mr. Monroe took offence at being dis- 
placed, and came home, published a volume of justification, 
which probably aided him in attaining to the presidency. 
He therein assumes to say, that if a rupture should happen 
with France, it would not be occasioned by the misconduct 
of France, but by Washington's policy, which Monroe calls 
'^ short-sis^hted and bad." 



LETTER XIX. 

March 22, 1833. 

Soon after the adjournment of Congress, (June 1, 1796,) 
the President engaged himself in attempting the liberation 
of Lafayette. It will be remembered, that Lafayette, in the 
early part of the revolution, considering himself unsafe in 
France, retired from it, intending to find safety on neutral 
ground ; and that he was taken, by an Austrian patrol, and 
detained in a dungeon several years, first in the Prussian 
dominions, and afterwards within those of Austria. The 
President directed Mr. Pinckney, minister in London, to 



76 FAMILIAR LETTERS 

speak to the ministers from Prussia, and Austria, concern- 
ing the interest felt by him, in the ftite of Lafayette. Find- 
ing that the object of his compassion had been transferred 
to the Emperor of Austria, he wrote a letter to him on the 
subject. What effect this measure had, does not appear. la 
179G Dr. Bolhnan was in this country, lie had made a gallant 
attempt to free Lafayette, together with a young gentleman 
of South Carolina, (since known as Colonel linger,) which 
was nearly successful. Bollman was a German; he had 
nothing in his common deportment, of the zeal and enter- 
prise, wliich such an attempt would imply. He was a tran- 
quil, quiet gentleman; with the air, nevertheless, of a very 
determined man. In the same year, the present Lord 
Lyndhurst was in the United States, by the name of Copley. 
He was a tranquil, quiet gentleman, also. He had the repu- 
tation of being a good scholar, but he gave no indication, at 
that time, that he was thereafter to be Lord Chancellor. 
He was rather above common stature — of thin person, light 
complexion, and large blue eyes; and of very courteous 
manners. He was born in Boston, and was carried to Eng- 
land when about two years old, before the revolution. He 
made many friends here, and in other places at the south; 
and was much esteemed. 

Towards the close of the year, the third election of presi- 
dent engaged the national attention. Washington was 
earnestly solicited to be a candidate again. All who had 
opposed his administration, were still more earnest that he 
should not. Every measure, that party feeling and malice 
could resort to, was taken to render him odious. It is pain- 
ful to recur to any of these measures, but the character of 
the times cannot be understood without doing it. 

Thomas Paine, an Englishman by birth, came to this 
country in 1774, and was here during the war. He was a 
poworhd writer for the popular eye. A pamphlet called 
" Common Sense " gave him some celebrity. The legislature 



ON PUBLIC CHARACTERS. 77 

of Pennsylvania voted him c£500 for this production. He 
was secretary to tlie committee of foreign affairs; but was 
dismissed for misconduct. In 1787 he went to France, and 
thence to England, where he wrote *' The Rights of Man," 
in answer to Burke's Reflections on the French Revolution ; 
for which he was indicted, but escaped to France. He was 
a member of the convention, and voted for the death of the 
king. In 1793 he wrote " The Age of Reason," in derision 
of Christianity ; and in the same year, having fallen under 
the displeasure of the rulers in France, he was imprisoned; 
and so continued to be, till the fall of Robespierre, in 1795. 
He returned to the United States, and died near Baltimore, 
in 1809, at the age of seventy-three. Ilis true character 
may be inferred from his writings. Among the pieces of 
defamation circulated in 1797, was a letter of Paine, ad- 
dressed to General Washington, though not intended for his 
eye, but through the press. It is dated at Paris, July 30, 
1796. This letter Benjamin Franklin Bache, editor of the 
"Aurora," considered sufliciently valuable to be protected 
by a certificate of copy-right. From this letter one may 
learn what sort of opinions some of our countrymen, and 
especially Mr. Jefferson, then .considered it proper to circu- 
late. In relation to the funding system, Paine says — "The 
"Chief of the army became the patron of fraud." " Ele- 
" vated to the chair of the presidency, you assumed the 
" merit of every thing to yourself, and the natural ingratitude 
" of your constitution began to appear. You commenced 
" your presidential career by encouraging, and swallowing, 
" the grossest adulation ; and travelled America, from one 
"end to the other, to put yourself in the way of receiving 
" it." Speaking of John Adams and John Jay, (pages 11 and 
12,) Paine says, " these are the disguised traitors, who call 
" themselves federalists. John Adams is one of those men 
" who never contemplated the originof government, or com- 
" prehended any thing of the nature of first principles." In 



78 FAMILIAR LETTERS 

page 15 : " Mr. Washington is known to have no friendships, 
" and to be incapable of forming any — he can serve or de- 
" scrt a cause, or a man, with constitutional indifference." 
In page G3 : — "As to you, sir, treacherous in private friend- 
" ship, (for so you have been to me, and that in the day of 
"danger,)* and a hypocrite in public life, the world will be 
" puzzled to decide, whether you are an apostate, or an im- 
"postor; whether you have abandoned good principles, or 
" whether you ever had any." It is not to be supposed that 
Mr. Jefferson, (who was one of Bache's patrons, as appears 
from his recommendation to Mr. Madison, to have Bache's 
p.aper supported, see vol. iii. p. 387,) was ignorant of this 
national insult offered to Washington by Thomas Paine. 
Yet among the earliest acts of power, after Mr. Jefferson 
arrived at the presidency, was to invite this unworthy person 
to take passage in a national ship to the United States. With- 
in a fortnight after Mr. Jefferson had taken his oath of office, 
he wrote to Paine, (vol. iii. 459) : — 

" The return of our citizens from the phrenzy into which 
" they had been wrought, partly by ill conduct in France, 
" partly by artifices practised on them, is almost entire, and 
" will, I believe, become quite so. But these details, too 
" long and minute for a letter, will be better developed by 
" Mr. Dawson, the bearer of this, a member of the late Con- 
" gress, to whom I refer you for them. He goes in the 
"Maryland, a sloop of Wc^r, which will wait a few days at 
" Havre to receive his letters, to be written on his arrival at 
" Paris. You expressed a wish to get a passage to this 
" country, in a public vessel. t Mr. Dawson is charged with 
" orders to the captain of the Maryland, to receive, and ac- 

* Paine applied to Washington to aid him to get out of Robespierre's 
dungeon ; wliicli was declined on the ground that Paine had made 
himself a French citizen. 

i That he might be protected from British capture and carried to 
England, where he knew public punishment awaited him. 



ON PUBLIC CIIARACTEnS. 79 

" commodate you with a passage back, if you can be ready to 
" depart at such short warning. I am in hopes you will find 
" us returned, generally, to sentiments worthy of former 
" times. In these, it will be your glory steadily to have 
" labored, and with as much effect as any man living. That 
" you may long live to continue your useful labors, and to 
" reap their reward in the thankfulness of nations, is my 
" sincere prayer." 

Among other things, Washington was charged with com- 
mitting murder in the French war, in 1757; the circum- 
stance alluded to, justified the accusation no more, than if 
he had been so charged for what he did at the battle of 
Monmouth in the revolutionary war. 

The forged letters, which had been circulated daring the 
war, (purporting to have been written to family friends by 
Washington,) to make him suspected by his countrymen of 
being favorably disposed to the British, were revived, and 
circulated. 

The National Gazette, before mentioned as having been 
edited by Freneau, a clerk in Mr. Jefferson's office, but more 
especially the Aurora, edited by Bache, daily came forth 
teeming with abuse and invective. 

The French minister seems to have thought it his official 
duty to write a letter to the Secretary of State, under date of 
the 27th October, 1796, containing the most explicit charges 
of breach of neutrality ; and adds, at the close — "that he 
"will cause this note to be printed, in order to make pub- 
" licly known the motives which, at the present juncture, 
" influenced the French Republic." This note was accord- 
ingly printed in a Philadelphia paper, and came forth as 
soon as the Secretary could have read the original. 



80 FAMILIAR LETTERS 



LETTER XX. 

Mauch 25, 1833. 

On tlie loth of November, 179G, the French minister 
wrote another letter, which, thougli in diplomatic form, and 
addressed to the Secretary, he caused to be published at the 
same time, that it might have the effect intended on the 
public mind ; and which might, also^ be an impressive 
monition to the successor of the President. Mr. Adet 
calLs the wise measure of the administration in 1793 " the 
insidious proclamation " (of neutrality). This letter of the 
I5th of November is so descriptive of the fraternization 
of Republican France, of which Europe was destined to 
feel the full effect, while the Republic continued, and while 
the Emperor reigned, that some extracts from it may be 
acceptable : " The undersigned minister plenipotentiary, 
' moreover declares, that the Executive Directory regards the 
' treaty of commerce, concluded with Great Britain, as a 
' violation of the treaty made with France in 1778, and 
' equivalent to a treaty of alliance with Great Britain ; and 
' that, justly offended, at the conduct which the American 
' government has held in this case, they have given him 
' orders to suspend, from this moment, his ministerial func- 
' tions with the Federal Government." 

" What joy did not the American flag inspire when it 
' waved unfurled in the French Senate. Tender tears 
' trickled from each eye ; every one looked at it with amaze- 
' raent. There, said they, is the symbol of the independ- 
' cnce of our American brethren ! Behold there, the pledge 
' of their liberty. May victory always attend it. May it 
' lead to glory none but a free and happy people ! These 
' words, which escaped from a thousand niouths, were the 
' expression of the sentiments of the whole nation. Was 



ON PUBLIC CHARACTERS. 81 

" not an American to each Frenchman, another French- 
" man ? He was more — he was a friend; and that sacred 
" name, amidst civil dissensions, was equally respected by 
" all. 

" Alas ! time has not yet demolished the fortifications 
" with which the English roughened this country ; nor 
" those the Americans raised for their defence ; their half 
" rounded summits still appear in every quarter, amidst 
" plains, on the tops of mountains. The traveller need not 
" search for the ditch, which served to encompass them ; 
" it is still open under his feet. Scattered ruins of houses 
" laid waste, which the fire had partly respected, in order 
" to leave monuments of British fury, are still to be found. 
" Men still exist, who can say, here a ferocious English- 
" man slaughtered my father ; there my wife tore her bleed- 
" ing daughter from the hands of an unbridled English- 
" man. Alas! the soldiers who fell under the sword of 
" the Britons, are not yet reduced to dust : the laborer, in 
" turning up his field, still draws from the bosom of the 
"earth their whitened bones; while the ploughman, with 
" tears and gratitude, still recollects that his fields, now 
" covered with rich harvests, have been moistened with 
" French blood, while every thing around the inhabitants of 
" this country animates them to speak of the tyranny of 
" Great Britain and of the generosity of Frenchmen ; when 
" England has declared a war of death to that nation, to 
" avenge herself for its having cemented, with its blood, 
" the independence of the United States. It was at this 
" moment, their government made a treaty of amity with 
" their ancient tyrant, the implacable enemy of their 
'* ancient ally. O ! Americans, covered with noble scars ! 
" O ! you who have so often flown to death, and to vic- 
" tory, with French soldiers ! You, who know those gen- 
" erous sentiments which distinguish the true warrior : whose 
" hearts have always vibrated with those of your compan- 
" ions in arms! Consult them to-day to know what they 



82 FAMILIAR LETTERS 

" experience ; recollect at the same time, tliat if magnani- 
" mous souls, with liveliness, resent an affront, they also know 
" how to forget one. Let your government return to itself, 
" and you will still find in Frenchmen faithful friends, and 
" generous allies. 

" Done at Philadelphia, the 25th Brumaire, 5th year of 
" the French Republic, one and indivisible (15th November, 
" 179C, O. S.) P. A. Adet." 

This eloquent appeal, appearing as it did, and when it 
did, was undoubtedly intended as a French invitation to 
American citizens, to elect Thomas Jefferson, President. 
It was nearly successful. But complete success, required 
the lapse of four years more. To promote the object in 
view, another measure was adopted, namely, the publica- 
tion of the queries which Washington had proposed to his 
cabinet, on the eve of issuing his proclamation of neutral- 
ity, in 1793 ; and to which written answers were required. 
It seems to have been his practice to obtain the separate 
and deliberate opinions of his ministers, and then to ^orm 
his own. As the queries were entirely confidential, and as 
the publication of them could not have been made by Ham- 
ilton, or Knox, they must have been made by, or with the 
assent of Jefferson, or Randolph. Jefferson thought proper 
to write to Washington to exculpate himself Washington, 
in answering him, uses, among others, these words: " If I 
" had entertained any suspicion before, that the queries 
" which have been published in Bache's paper proceeded 
" from you, the assurances you have given of the contrary, 
' would liave removed them, . . But the truth is, I har- 
" bored none. I am at no loss to conjecture from what 
" source they flowed, through what channel they were 
" conveyed, nor for what purpose they, and similar publica- 
" tions, appear. 

'' As you have mentioned the subject yourself, it would 



ON PUBLIC CHARACTERS. 83 

" not be frank, candid, or friendly to conceal, that, your 
" conduct has been represented as derogating from that 
" opinion I conceived you entertained of me; that to your 
" particular friends and connexions you have described, 
" and tliey have denounced me, as a person under a dan- 
" gerous influence, and that, if T would listen more to some 
" other opinions, all would be well. My answer invariably 
" has been, that I had never discovered anything in the con- 
" duct of Mr. Jefferson, to raise suspicions in my mind of 
" his sincerity; that if he would retrace my public conduct 
" while he was in the administration, abundant proofs would 
" occur to him, that truth, and right decisions, were the sole 
" objects of my pursuit ; that there were as many instan- 
" ces, within his own knowledge, of my having decided 
" against, as in favor of the person evidently alluded to; 
" and moreover, that I was no believer in the infallibility 
" of the politics, or measures of any man living. In short, 
" that I was no party man myself, and that the first wish of 
" my heart was, if parties did exist, to reconcile them. 

" To this I may add, and very truly, that until the last 
" year or two, I had no conception that parties would, or 
" even could, go the lengths I have been witness to ; nor 
" did I believe, until lately, that it was within bounds of 
"probability, . . hardly within those of possibility, — that 
" while I was using my utmost exertions to establish a na- 
" tional character of our own, independent, as far as our 
" obligations and justice would permit, of every nation on 
" the earth ; and wished, by steering a steady course, to 
" preserve this country from the horrors of desolating 
" war, I should be accused of being the enemy of one na- 
" tion, and subject to the influence of another ; and to 
" prove it, that every act of my administration would be 
" tortured, and the grossest and most insidious misrepresen- 
" tations of them be made, by giving one side only of a sub- 
" ject; and that too in such exaggerated and indecent 



84 FAMILIAR LETTERS 

" terms as could scarcely be applied to a Nero .... to 
" a notorious defaulter .... or even to a common pick- 
" pocket. 

" But enough of this .... I have already gone further 
" in the expression of my feelings than I intended." 

Let it not be forgotten, that though Washington seems, 
to some extent, to exculpate Mr Jefferson, yet, that the base 
and wicked slanders and criminations of which he com- 
plains, appeared in the newspaper edited by Mr. Jefferson's 
clerk, Freneau, and in that edited by Bache. It will be seen, 
hereafter, that on one occasion, Washington complained to 
Mr. Jefferson of the publications, which appeared in Fre- 
neau's paper, and also in what manner Mr. Jefferson was 
pleased to treat that complaint. 



LETTER XXI. 

March 30, 1833. 

On the 7th of December, 1796, Washington met Congress 
for the last time, and commended to their attention many 
highly important subjects, some of which have been attended 
to, and others neglected. He adverted, modestly, to the 
course which he had pursued in conducting the govern- 
ment, but did not condescend to notice the slanders which 
had been poured out against him. He had published his 
memorable Farcicell Address, in the month of September, 
1790. 

It is characteristic of Mr. Jefferson, that he makes an 
attempt to rob Washington, in some degree, of the author- 
ship of this precious legacy ; and to transfer it to his friend 
Mr. Madison. There is not the slightest evidence any where, 
that Washington had any such regard, or respect for Mr. 
Madison, politically or individually, as to lead to the belief 



ON PUBLIC CHARACTERS. 85 

that this gentleman would have been the selected object of 
confidence, on this delicate and serious occasion. Mr. 
JefTerson says, — (in a letter to Judge Johnson, of South 
Carolina, vol. iv. p. 370,) " With respect to his farewell 
" address, to the authorship of which, it seems, there are 
" conflicting claims, I can state to you some facts. He had 
" declined a re-election, at the end of his first term, and so 
'* far determined, that he had requested Mr. Madison to pre- 
" pare for him something valedictory, to be addressed to his 
" constituents on his retirement." " When at the end of 
" his second term, when his valedictory came out, 3Ir. Mudi- 
" son recognised in it several passages of his draught ; 
" several others, we were both satisfied, were from the pen 
" of Hamilton ; and others from that of the President himself 
'' These he, probably, put into the hands of Hamilton to 
" form into a whole ; and hence it may all appear in Hamil- 
" ton's hand-writing, as if it were all his composition." 
That is, Hamilton took Madison's manuscript, and adopted 
it as his, but to appear as Washington's! The truth, in this 
matter, will be found (in the Appendix) from the pen of 
John Jay. 

Until the close of his administration, Washington had 
never publicly noticed the " forged letters ; " he then thought 
it proper to address to the Secretary of State, to be filed in 
his office, a solemn declaration that they were forged. 

On the 22d of February, 1797, the citizens of Philadel- 
phia asked Washington's presence at a ball, intended as a 
mark of their respect. At that time, there was a circus, 
and an hotel, (known as O'Ellers',) on the south side of 
Chestnut Street, between Sixth and Seventh Streets. The 
circus was floored over for dancing, and otherwise suitably 
prepared ; and a settee, with a canopy over it, arranged in an 
elevated position for Mr. and Mrs. Washington. He did not 
confine himself to this, but moved about the circus, conversing 
freely with the company, consisting of distinguished members 



86 



FAMILIAR LETTERS 



of Congress, all foreign ministers, and invited strangers. An 
opening was made through the wall of the hotel, from the 
circus, and the company passed through this into the hotel 
to sup.* On the fourth of March (1707) he was present 
when John Adams took the oath of office; and he appeared 
to be sincerely glad, in the manner of his congratulations to 
the new President, that the care and responsibility of that 
station, were no longer his own. In two or three days he 
withdrew from Philadelphia to Mount Vernon, to leave it no 
more for the residue of his life.t He was sixty-five years of 
age the 22d of the preceding February. 

The following are recollections of Washington, derived 
from repeated opportunities of seeing him during the three 
last years of his public life. He was over six feet in stature ; 
of strong, bony, muscular frame, without fulness of cover- 
ing, well formed and straight. He was a man of most ex- 
traordinary physical strength. In his own house his action 
was calm, deliberate, and dignified, without pretension to 
gracefulness, or peculiar manner, but merely natural, and 
such as one would think it sliould be in such a man. When 
walking in the street, his movement had not the soldierly 
air which might be expected. His habitual motions had 
been formed long before he took command of the American 
armies, in the wars of the interior, and in the surveying of 
wilderness lands, employments in which grace and elegance 
were not likely to be acquired. At the age of sixty-five, 
time had done nothing towards bending him out of his 
natural erectness. His deportment was invariably grave ; 
it was sobriety that stopped short of sadness. His presence 
inspired a veneration, and a feeling of awe, rarely experi- 
enced in the presence of any man. His mode of speakino- 



• This hotel was shortly after clcstro3'cd by fire ; and the circus has 
long since given place to other buildings. 

t He appeared once as a grand juror and served as foreman. 



ON PUBLIC CHARACTERS. 87 

was slow and deliberate, not as though he was in search of 
fine words, but that he might utter those only adapted to his 
purpose. It was the usage for all persons, in good society, 
to attend Mrs. Washington's levee every Friday evening. 
He was always present. The young ladies used to throng 
around him, and engage him in conversation. There were 
some of the well remembered hdks of that day who imagined 
themselves to be favorites with him. As these were the 
only opportunities which they had of conversing with him, 
they were disposed to use them. One would think, that a 
gentleman and a gallant soldier, if he could ever laugh, or 
dress his countenance in smiles, would do so when sur- 
rounded by young and admiring beauties. But this was 
never so ; the countenance of Washington never softened ; 
nor changed its habitual gravity. One who had lived always 
in his family, said, that his manner in public life, and in the 
seclusion of most retired life, was always the same. Being 
asked whether Washington coidd laugh; this person said, 
that this was a rare occurrence, but that one instance was 
remembered when he laughed most heartily at her narration 
of an incident in which she was a party concerned ; and in 
which he applauded her agency. The late General Cobb, 
who was long a member of his family during the war, (and 
who enjoyed a laugh as much as any man could,) said, that 
he never saw Washington laugh, excepting when Colonel 
Scammel (if this was the person) came to dine at head- 
quarters. Scammel had a fund of ludicrous anecdotes, and 
a manner of telling them, which relaxed even the gravity of 
the commander in chief. 

General Cobb also said, that the forms of proceeding at 
head-quarters were exact and precise ; orderly and punctual. 
At the appointed moment, Washington appeared at the 
breakfast table. He expected to find all the members of his 
family, (Cobb, Hamilton, Humphreys, were among them,) 
awaiting him. He came dressed for the day, and brought 



^ FAMILIAR LETTERS 

with him the letters and despatches of the preceding day, 
with short memoranda of the answers to be made ; also the 
substance of orders to be issued. When breakfast was over, 
these papers were distributed among his aids, to be put into 
form. Soon after, he mounted his horse to visit the troops, 
and expected to find, on his return before noon, all the papers 
prepared for liis inspection and signature. There was no 
familiarity in his presence ; it was all sobriety and business. 
His mode of life was abstemious and temperate. He had a 
decided preference for certain sorts of food, probably from 
early associations. Throughout the war, as it was under- 
stood in his military family, he gave a part of every day to 
private prayer and devotion. 

While he lived in Philadelphia, a.s President, he rose at 
four in the morning ; and the general rule of his house was 
that the fires should be covered, and the lights extinguished 
at a certain hour ; whether this was nine or ten, is not recol- 
lected. 

In the early part of his administration, great complaints 
were made by the opposition, of the aristocratic and royal 
demeanor of the President. Mr. JeflTerson makes some 
commentaries on this subject, which do no credit to his head 
or his heart. These are too little to be transcribed from the 
works of this "great and good man." (See vol. iv. p. 487.) 
Dr. Stuart, of Virginia, wrote to him of the dissatisfaction 
which prevailed on this subject in Virginia. In the 5th vol. 
of Marshall, page 104, will be found an extract of Washing- 
ton's vindication of his conduct; and a most satisfactory 
one, and which shows the ])ropcr cliaractcr of Mr. Jefferson's 
" Anas." These complaints related, in particular, to the 
manner of receiving such visiters as came from respect, or 
from curiosity, of which there were multitudes. The pur- 
pose of Washington was, that such visiters should accom- 
plish their objects, without a sacrifice of time, which he 
considered indispensable to the performance of his public 
duties. 



ON PUBLIC CHARACTERS. 89 

lie devoted one hour every other Tuesday, from three to 
ibur, to these visits. He understood liimself to be visited as 
the President of the United States, and not on his own 
account. He was not to be seen by any body and every 
body ; but required that every one who came should be in- 
troduced by his Secretary, or by some gentleman, whom he 
knew himself. He lived on the south side of Chestnut 
Street, just below Sixth. The place of reception was the 
dining room in the rear, twenty-five or thirty feet in length, 
including the bow projecting into the garden. Mrs. Wash- 
ington received her visiters in the two rooms on the second 
floor, from front to rear. 

At three o'clock, or at any time within a quarter of an 
hour afterwards, the visiter was conducted to this dining 
room, from which all seats had been removed for the time. 
On entering he saw the tall manly figure of Washington 
clad in black velvet ; his hair in full dress, powdered and 
gathered behind in a large silk bag ; yellow gloves on his 
hands ; holding a cocked hat with a cockade in it, and the 
edges adorned with a black feather about an inch deep. 
He wore knee and shoe buckles; and a long sword, with a 
finely wrought and polished steel hilt, which appeared at the 
left hip ; the coat worn over the blade, and appearing from 
under the folds behind. The scabbard was white polished 
leather. 

He stood always in front of the fire-place, with his face 
towards the door of entrance. The visiter was conducted 
to him, and he required to have the name so distinctly pro- 
nounced, that he could hear it. He had the very uncom- 
mon faculty of associating a man's name, and persoricd 
appearance, so durably in his memory, as to be able to call 
any one by name, who made him a second visit. He re- 
ceived his visiter with a dignified bow, while his hands were 
so disposed of as to indicate that the salutation was not to 
be accompanied with shaking hands. This ceremony never 



90 FAMILIAR LETTERS 

occurred in these visits, even with his most near friends, 
that no distinction might be made. 

As visiters came in, they formed a circle around the 
room. At a quarter past three, the door was closed, and 
the circle was formed for that day. lie then began on the 
right, and spoke to each visiter, calling him by name, and 
exchanging a few words with him. When he had com- 
pleted his circuit, he resumed his first position, and the 
visiters approached hiin, in succession, bowed and retired. 
By four o'clock this ceremony was over. 

On the evenings when Mrs. Washington received visiters, 
he did not consider himself as visited. He was then as a 
private gentleman, dressed usually in some colored coat and 
waistcoat, (the only one recollected was brown, with bright 
buttons,) and black, on his lower limbs. He had then 
neither hat nor sword ; he moved about among the company, 
conversing with one and another. He had once a fortnight 
an official dinner, and select companies on otlier days. He 
sat (it is said) at the side, in a central position, Mrs. Wash- 
ington opposite ; the two ends were occupied by members of 
his family, or by personal friends. 



LETTER XXII. 

April 2, 1833. 

At this day, the conduct and character of Washington 
are spoken of with respect and veneration by most men. 
We have seen several sorts of administration of public affairs, 
since his time ; it is not too soon to consider, calmly and 
dispassionately, the worth of that conducted by himself It 
may be, that the efforts made in Washington's lifetime, by 
Paiue, Bache, and Freneau, (to say nothing of any which 



ON PUBLIC CHARACTERS. 91 

Mr. Jefferson may have made, paid for, or approved of,) to 
deprive him of the esteem of his countrymen, have still some 
effect on the public mind. But the day will come when 
Washington and Jefferson will both be remembered, by all 
who seek correct information, as tlicy should be. 

Washington brought into office the reputation of a suc- 
cessful military chief Not that which depends on personal 
courage ; nor that which arises from the able use of the best 
means for conducting warfare ; but the reputation of having 
used means which we now look back upon with astonish- 
ment, as having been capable of effecting the independence 
of the country. In all his agency, then, and ever after, 
wisdom, firmness, perseverance, great ability, unimpeacha- 
ble integrity, are admitted to be his attributes. Infamous 
slanders have been forgotten in the lapse of time ; and 
some of those who paid for them, and circulated them, find 
their own interests promoted, in having them forgotten. 

Washington was not a successor. He had no path before 
him, marked out by time, and experience. He had a nation 
to rule, who were to receive rules for the first time, under a 
voluntary government, obtained with great exertion, and 
against the will of an able, and irreconcilable minority. 
There was no reverence for ancient usages, no affection for 
a system, which its subjects had been born under, and had 
grown up with. No cherished recollections of evils averted, 
and benefits secured, under a faithful exercise of power. 
There were the abstract rules of a constitution ; no laws, no 
officers, no application of its force, to the exigencies of the 
country. There were all the complicated and embarrassing 
concerns of the late war ; craving creditors to the amount of 
many millions ; a pervading sense of gratitude to France ; 
the memory of bitter sufferings under the cruel exercise of 
British warfare, from one end of the continent to the other ; 
and most especially in the south. 

The memory of suffering in the south, particularly in 



92 FAMILIAR LETTERS 

South Carolina, was deep and eradicable. War there, was 
bereft of all the magnanimity and forbearance, which 
modern usages, under Christian influence, have introduced 
to mitigate its horrors. It was vindictive, unsparing, merci- 
less cit^il war. It was worse yet ; it was a wanton exercise 
of force, which was infamous, even when attempted to be 
palliated by calling it the lawful exercise of power against 
rebels. A correspondent feeling and action, followed on the 
part of the Americans. Besides the evils of such war, the 
inhabitants of the country were divided into whig and tory 
parties, and carried all the bitterness of the times into these 
distinctions. Among the most disgraceful and mournful 
tragedies ever acted among men, was the execution of the 
gallant and honorable Colonel Isaac Hayne on the 4th of 
August, 1781, at Charleston. The names of the two British 
officers who had the heart to order this, shall not be mention- 
ed. They resisted such an appeal, as ought to have softened 
the hardest substance that can be called a human heart. 
The first Gothic king that wore a Roman crown, died of 
remorse, that he had put a fellow man to death, under cir- 
cumstances more excusable than those which carried Colonel 
Hayne to a place of execution. No time, no distance should 
ever permit the oblivion of such scenes; that they may 
serve to moderate the exercise of power, and warn the 
soldier that future generations will judge of him with im- 
partial justice. Such feelings towards the British, were, from 
like causes, prevalent in Virginia. The elements of opposi- 
tion, needed only some combining and exciting cause, to be 
felt in all their force. 

To the high responsibility of giving motion and effect to 
the new system, among all these discordant elements, it was 
the lot of Washington to be called. Without going minutely 
into measures, let us glance at the prominent ones, and 
judge, by the light of experience, whether he, and his politi- 
cal associates, were right or wrong. 



ON PUBLIC CHARACTERS. 



93 



Was it right or wrong to provide for the payment of the 
public debt, justly called " the price of liberty ? " Who can 
answer in the negative ? Was the manner of this provision 
right or wrong ? If wrong, it must have been so from not 
paying the holders of securities, which had changed hands 
innumerable times, at the rate of purchase ? How could 
this be ascertained ;. and was every bargain made, in the 
United States, to be traced through all its steps to the original 
holder ? If some men thought better of eventual solvency 
of the nation than others did, and chose to take the risk, 
was this a reason why they should not be paid ? If one man 
could purchase an article, of uncertain value, at a rate 
which the owner was disposed to take, what law of justice, 
or honor, forbade the purchase ? It is true that the poor 
soldier and the war-worn officer, had parted, in their poverty 
and necessity, with the paper payment for their services, for 
an almost nominal consideration. But what was this to the 
creditor? To these soldiers and officers, there was still a 
national debt in gratitude and justice. It has been poorly 
paid to survivors, after most of the whole number had found 
their graves. Gratitude is a fruitless claim, in most cases, 
when presented to the conscience of a nation. Not to have 
done what was done, would have been injustice, for which 
there could have been no palliation. 

The manner of this provision — was this right or wrong ? 
The amount of the revolutionary debt, estimated at specie 
value, in 1790, was (.f']35,190,70;3,) more than one hiuidred 
and thirty-five millions of dollars. It was to be liquidated 
and funded, and provision made for interest and principal. 
To this end, the commercial regulations, noio in force, com- 
prising the whole system of shipping interests, and insensible 
taxation by duties on importation, were established. These 
regulations have been adhered to, in all the hostility mani- 
fested in later times, to the Washington administration. 
But it was not for the occasion of the day, that they were 



94 FAMILIAR LETTERS 

established ; it was to make a sure foiiiulation (united with 
other subjects) for national credit and security in all future 
times. When the government has been well conducted, 
and has deserved public confidence, these regulations have 
answered the intended purpose. From this system of things 
arises now, the vital strength of the national government ; a 
strength which may be safely relied on in every emergency 
when the national rulers have justly the confidence of the 
country. We hear, at this day, proud boastings of the ex- 
tinction of the national debt of the revolution, and of the 
one hundred millions of debt accumulated in the late war. 
By whose wisdom and foresight was it, that the extinction 
of the debt has been effected 1 By those who founded the 
financial system, or those who, since their time, nave applied 
it, well or ill, as the case may be? 

Was Washington's administration right or wrong, towards 
France and England, during their vindictive and exter- 
minating war? No man ever had a more delicate and diffi- 
cult task to perform than in relation to these belligerents. 
To both of them, this country, situated at the distaoce of 
three thousand miles from the cabinets of each, and near 
colonies of both, was a subject of unceasing jealousy. Each 
desired to prevent this country from becoming adversely a 
party in the war ; and France was resolutely determined, by 
every art of corruption, and intrigue, and by open menace, 
that it should become a party, in alliance with her. What 
could this country gain, and how much was it sure to lose, 
by engaging in the war, on either side ! Surely the true 
policy of the country was strict neutrality. To preserve 
this, the most forbearing and conciliatory measures were 
adopted towards each ; ministers were sent, and instructions 
given to show, that the United States were and meant to be 
neutral. 

When the conduct of Great Britain became intolerable in 
the capture of American ships, was it best to go to war, and 



ON PUBLIC CHARACTERS. 95 

take the chances of French fraternity, or to send a special 
messenger to make explanations, and demand reparation 1 
The good sense of the country came to the relief of the ad- 
ministration in this measure ; and the country was saved 
from the calamities which threatened it, by the ratification 
of Mr. Jay's treaty, and by popular approval. 

To the last hour of his administration, Washington per- 
severed in his neutrality ; and was able to countervail the 
popular clamor in favor of France. We can look back 
calmly, on the policy of that peculiar country ; we now 
know what the fate of all countries was that submitted 
to French alliance, whether republican or imperial ; and 
we can plainly see what would have been the fate of this 
country, if Washington had yielded to the hollow assurances 
and open menaces of Genet, Fauchet, and Adet, sustained 
as they were, by an unfaithful or deluded portion of our 
country, and sometimes amounting to a popular majority. 

In the discretionary exercise of executive power, the 
Washington administration was wise and tolerant. In 
filling offices the President preferred, when he could, the 
revolutionary chiefs, of whose integrity, and ability, he had 
ample proofs. No one will say that such men did not de- 
serve the honors and emoluments of office, which their own 
perilous efforts helped to establish. He did not, like some 
of his successors, prq/css to ask. Is he honest, is he capable, 
is he faithful to the constitution. He appointed men that 
were so. He displaced no man for the expression of his 
opinions, even in the feverish excitement of French delusion. 

With regard to all other foreign governments ; the judi- 
ciary ; the national bank ; the Indian tribes ; the mint ; in 
his deportment to his own ministers ; his communications 
to Congress ; his construction of the constitution ; his sacred 
regard for it ; his devotion to the whole Union ; his magna- 
nimity and forbearance ; his personal dignity ; in all these, 
and in relation to all other subjects, how great and honorable 



96 f"AMlLlAR LETTERS 

was his example, how transcendently above all praise that 
man can bestow ; and yet how utterly have his views, and 
his example been disregarded within these thirty years ! 

As successive events, and new agents, arise in our national 
progress, and means of comparison are lost in the lapse of 
time, we are in great danger, by taking those which are most 
recent, of descending by steps, to the end of republican 
freedom. The state of our country now, freed as it is from 
debt, disentangled as it is from European alliances, fearless 
as it is from Indian aggressions, presents an humiliating 
contrast with its condition at the close of the last century. 
On the disheartening difficulties of that day, time has rolled 
its tide. Not one in a thousand of those who were then 
minors, or born since, has given a serious thought to them, 
with a view to know, as to all that is now doing, what is 
right or wrong. These real difficulties are gone ; and what 
have succeeded to them 1 Those of domestic creation ; the 
jealousies and enmities fomented among the members of 
the same family ; the cravings for power and distinction; the 
reign of selfishness, and of passion. By these the strength 
of the government is to be tried, as its founders predicted ; 
and not by the combined strength of all Europe, while we 
are united among ourselves. 



LETTER XXIII. 



April 5, 1833. 



It is time to relieve this narration of political events by 
some description of public men, at the close of the last cen- 
tury. It must be remembered, that there are friends and 
descendants of these men, now living, whose feelings are lOj 
be respected ; and also, that the remarks to be made are 
those of one individual who narrates from memorv, and his 



ON PUBLIC CHARACTERS. 97 

own notice of men and things, and who may not have seen 
and observed, as others did. The inducement to make any 
remarks of this nature, is, that the time is at hand, when all 
power to speak of men who were busy at the close of the 
last century, from personal knowledge, will cease. Who 
and what they were, who were Washington's military and 
political associates, friends or foes, must be interesting — 
especially as they lived when European governments were 
shaken to the centre by the force of revolution, sufficiently 
powerful to be felt and dreaded, in this far western world ; 
and also, that they lived and acted at a time, when fear of, 
or devotion to, revolutionary notions, brought all minds, 
strong or feeble, into incessant action. Reason and good 
sense were then, as now, impotent agents, against that 
popular excitement which makes law for itself. 

Mr. Jefferson mentions in his writings, " the Essex Junto" 
with much reproach. What persons he meant by this party 
distinction, he did not know himself It seems to have been 
his practice to throw out defamatory remarks, to fix as they 
might. It is well remembered, that there were intelligent 
men in the county of Essex, who were steadfast friends of 
the Washington administration, and who supported that of 
Mr. Adams, though without unqualified approbation. These 
men had intimate friends and associates in Boston, who 
thought as they did. They were, unitedly, sincere and un- 
compromising opponents of Jeffersonism, in all its forms. 
Their political merits and demerits may depend on this. 
If the administrations of Washington and Adams were right, 
they were right. If devotion to France, merely because it 
was France, and hatred of England, merely because it was 
England, regardless of duty or interest, as to their own 
country, was wrong, they were right, as subsequent events 
^ most clearly proved. They were men, and like other men, 
might feel and express indignation at the abuse and per- 
version of power to mere party purposes; and might have 
9 



98 FAMILIAR LETTERS 

desired to see power properly restrained, and rightly applied ,' 
and may have expressed more decidedly, than some others 
did, their own opinions. But Mr. Jefferson was the real 
cause of these opinions. If he was a wise and honest states- 
man, and deserved the confidence and gratitude of his 
countrymen, the Essex Junto were wrong. If he was prac- 
tically the enemy of the national constitution, and merely 
the chief of a party, and not the President of the United 
States, they were right. 

Among the distinguished men, at the close of the last 
century, was Benjamin Lincoln ; a revolutionary officer. 
Secretary at War, the General in the Massachusetts insur- 
rection, and first Collector of the port of Boston. In 1794, 
he was about sixty years of age. He had received only an 
inferior education, but had done much to compensate for its 
defects. Before the war, he had been town officer, member 
of the legislature, and militia colonel. He was about five 
feet nine inches in stature, aiid of so uncommonly broad 
person, as to seem to be of less stature than he was. His 
gray hair was combed back from his forehead, unpowdered, 
and gathered in a long queue. His face was round and 
full, his eyes blue, and his complexion light. He was 
usually dressed in a blue coat, and light under clothes, and 
wore a cocked hat. He always appeared in boots, in con- 
sequence of the deformity of his left leg, occasioned by a 
wound received at the capture of Burgoyne. His speech 
was with apparent dilliculty, as though he were too full. 
The expression of his countenance was exceedingly kind and 
amiable. His manner was very gracious; like those of all 
the high officers of the revolution, his deportment was 
dignified and courteous. He wrote essays on several sub- 
jects, commercial, agricultural, and philosophical, some of 
which were published. He employed some one to read 
these essays, and assigned for a reason, that being entirely 
ignorant of the grammatical construction of language, he 
could judge only by the sound, of its correctness. 



ON PUBLIC CHARACTERS. 99 

General Lincoln was one of the few persons who are 
afflicted with somnolency. This was not occasioned by 
age, but was constitutional. In the midst of conversation, 
at table, and when driving himself in a chaise, he would 
fall into a sound sleep. While he commanded the troops 
against the Massachusetts insurgents, he dictated despatches 
and slept between the sentences. His sleep did not appear 
to disturb his perception of circumstances that were passing 
around him. He considered this an infirmity, and his 
friends never ventured to speak to him of it. He was a 
man of exemplary morals, and of sincere piety, carrying 
fully into practical life, the ethics of the religion which he 
professed. He enjoyed the high respect and confidence of 
Washington, and the aftectionate regard of his fellow officers. 
He performed his various trusts with ability, and incor- 
ruptible integrity. He was a member of the American 
Academy, and President of the Cincinnati. 

He died in 1810, at an advanced age. He was one of 
the very few whom Mr. Jefferson did not turn out of office. 
But so many persons were placed in the collectorship, of 
the new order of public officers, that it was disagreeable to 
him to remain in office. From this cause, as well as in- 
creasing years, he retired. 



LETTER XXIV . 

April 10, 1833. 
Henry Knox was a bookseller, and bookbinder, at Bos- 
ton, when the war began, at which time he was about twenty 
five years old. He had been captain of a grenadier com- 
pany ; and was a volunteer at Bunker Hill battle. He 
met Washington at Cambridge, in 1776 ; and was immedi- 
ately made chief of artillery, in which relation he contin- 



100 FAMILIAR LETTERS 

ued during the war, and always near liead-quarters. He 
served throughout the war, and left the service with the 
rank of Major General. When he resigned the office of Sec- 
retary, at the close of 1794, he removed to Boston, and for 
some years afterwards resided there. He was a large, full man, 
above middle stature ; his lower limbs inclined a very little 
outward, so that in walking his feet were nearly parallel. His 
hair was short in front, standing up and powdered, and 
queued. His forehead was low, his face large and full below ; 
his eyes rather small, gray and brilliant. The expression of 
his face altogether, was a very fine one. 

When moving along the street, he had an air of grandeur, 
and self-complacency, but it wounded no man's self-love. 
He carried a large cane, not to aid his steps, but usually 
under his arm ; and sometimes, when he happened to stop 
and engage in conversation with his accustomed ardor, his 
cane was used to flourish with, in aid of his eloquence. He 
was usually dressed in black. In the summer he common- 
ly carried his light silk hat in his hand, when walking in 
the shade. His left hand had been mutilated, and a part 
of it was gone. He wore a black silk handkerchief wrapt 
around it, from which the thumb and forefinger appeared. 
When engaged in conversation he used to unwind and re- 
place this handkerchief, but not so as to show his disfigur- 
ed hand. 

When thinking, he looked like one of his own heavy 
pieces, which would surely do execution when discharged ; 
when speaking, his face had a noble expression, and was 
capable of displaying the most benignant feeling. This 
was the true character of his heart. His voice was strong, 
and no one could hear it without feeling that it had been 
accustomed to command. The mind of Knox was power- 
ful, rapid, and decisive ; and he could employ it continu- 
ously, and effectively. His natural propensity was highly 
social, and no man better enjoyed a hearty laugh. 



ON PUBLIC CHARACTERS. 101 

He had a brilliant imagination, and no less brilliant modes 
of expression. His conceptions of the power and glory of 
the Creator of the universe, were of an exalted character. 
That he might give scope to this sentiment, he chose the 
summit of Blue Hill, that he might there witness the great 
solar eclipse of June the 16th, 18G6. His expressions, at the 
decline of the light, in the moment of almost total dark- 
ness, and on the effulgence of the returning beams of the 
sun, were worthy of the occasion, and of his own glorious 
mind. The immortality of the soul was not with him a 
matter of induction, but a sentiment, or fact, no more to be 
questioned, than his own earthly existence. He said that 
he had, through life, left his bed at the dawn, and had been 
always a cheerful, happy man. 

His noble hospitality, and exuberant generosity, and too 
confident a calculation on the productiveness of sales of 
extensive tracts of lands in Maine, led him into some em- 
barrassments, towards the close of his life. His life ended 
at the splendid mansion which he erected at Thomaston, in 
Maine, in the year 1806, from an unfortunate accident,* in 
the 56th year of his age. 

When President Adams concluded to form an army in 
1798, Washington accepted the chief command with the 
right of naming his chiefs. He named Hamilton Inspector 
General, and first in command under him, Charles Cotes- 
worth Pinckney, second, and Knox, third. Knox was exceed- 
ingly hurt at this, as he was Hamilton's senior, in years, and 
rank. He hesitated, for some time, whether to accept. 
But his own manly feelings, and the nature of the call on 
him, suppressed the natural sensibility of a soldier, and he 
accepted. 

The manners of the revolutionary officers among them- 
selves (there were several in Boston at the time now spoken 

* He swallowed a piece of chicken bone, which produced a fatal mor- 
tification. 

9* 



102 FAMILIAR LETTERS 

of) was exceedingly affectionate, and familiar. They spoke 
to each other by their Christian names, or surnames only ; 
but yet there was a courtesy and dignity which always made 
it the intercourse of gentlemen. All of them were in the 
habit of using expressions, (no doubt acquired in the army,) 
which hardly seemed to be profaneness in them, though it 
would now be such, if used by any one. They were in 
many respects a noble set of men. It is to be hoped, that 
the race is not extinct. Perhaps the occasion made them 
what tliey were ; for there seems to be few such men in 
these days. 

It was of this same Henry Knox, that Thomas Jefferson 
has published to his countrymen, and for the benefit of pos- 
terity, as follows : (vol. iv. page 484 :) " Knox subscribed at 
" once to Hamilton's opinion, that we ought to declare the 
" treaty void, (French treaty of 1778,) acknowledging, at 
" the same time, like a fool as he is, that he knew nothing 
" about it." " There having been an intimation by Randolph, 
" that in so great a question he should choose to give a written 
" opinion, and this being approved by the President, I gave 
" in mine April the 28th. Hamilton gave in his. I believe 
" Knox's was never thought worth offering, or asking for." 
(In the same vol. page 491,) " Knox, in a foolish, incohe- 
*' rent sort of a speech, introduced the pasquinade, lately 

" printed, called the funeral of George W n, and James 

" W n," (Judge Wilson, of the Supreme Court of the 

United States, one of the framers of the constitution,) 
" King and Judge, &lc. where the President was placed on 
" a guillotine. The President was much inflamed ; got into 
" one of those passions when he cannot command himself; 
" defied any man on earth to produce one single act of his, 
" since he had been in the government, which was not done 
" on the purest motives." In this page Mr. Jefferson records 
Washington as using an oath ; " that fn/ God, he had rather 
" be in his grave than in his present situation." Thus, 



ON PUBLIC CHARACTERS. 103 

Mr. Jefferson is the American, who has taken pains to 
record for the public eye, (true or false,) that Washington 
was guilty of profaneness ! 

" Some officers of the army," (vol. iv. page 444,) " as it has 
" always been said, and believed, (and Steuben and Knox 
" have ever been named as the leading agents,) trained to 
" monarchy by military habits, are understood to have pro- 
" posed to General Washington, to decide this great question 
" by the army, before its disbandment, and to assume, him- 
" self, the crown, on the assurance of their support." It is 
well known, that anonymous letters were circulated in 
camp, to the above effect ; but this is the only case in which 
the names of Knox and Steuben are so connected there- 
with. On the contrary, two men (who afterwards figured 
eminently, in the ranks of democracy,) have ever been 
'* named," truly or otherwise as the authors of these let- 
ters. 

Mr. Jefferson may have been of the number of those 
who believed with Rochefoucauld, a French philosopher, 
and maxim-writer, that there is something in the misfor- 
tunes of our best friends which does not displease us. It is 
quite certain that the misfortunes of Mr. Jefferson's political 
adversaries gave him no pain. In a letter to Mr. Madison, 
(January 3, 1799, vol. iii. page 406,) he says, " General 
" Knox has become bankrupt for four hundred thousand dol- 
" lars, and has resigned his military commission. He took in 
" General Lincoln for one hundred and fifty thousand dol- 
" lars, which breaks him. Colonel Jackson also stmk with 
" him." The manner of this annunciation may be some 
indication of the sort of heart, which Mr. Jefferson had. It 
is to be hoped, that he did some injustice to that of Mr. 
Madison, in so addressing him. It was undoubtedly true, 
that General Knox, from causes before stated, was a debtor, 
and embarrassed ; and, in some degree, from like causes, 
with those which occasioned Mr. Jefferson's own embar- 



104 FAMILIAR LETTERS 

rassments; (a circumstance in his life which gave no pleas- 
ure to his political adversaries) ; but it was never known, 
in this part of the country, that General Lincoln was hro' 
ken, nor that Colonel Jackson had swnlc. Both of them 
befriended Knox, and the fortunes of both may have been, 
in some degree impaired. But both ever entertained for 
him the most affectionate attachment. 

In making such assertions as are found in Mr. Jeflfer- 
son's volumes, and in recording what he calls, " false 
facts," has Mr.'Jefferson erred? One can speak to another 
such things, as, if believed, would deprive the person spoken 
to, of the esteem and respect of his fellow men, and per- 
haps subject him to public punishment. The speaker, in 
such case, must be presumed to have weighed consequen- 
ces. One can speak of another, those things which would, 
if believed, deprive him of the esteem and respect of his 
fellow men, and subject him to public punishment. There 
may be cases where it is justifiable and dutiful so to speak. 
Suppose one to speak such things, as are adapted to pro- 
duce such effects, and that these things are false, and that 
the speaker hopes these effects will be produced, but that 
he shall not be known as the speaker ; what says the true 
law of honor, the law of the land, and the precepts of Chris- 
tianity in such case '? Suppose one to write deliberately, 
and calmly to revise falsehoods of the dead, and of the 
living, and to reserve these falsehoods for publication, when 
he should be beyond personal accountability to tlie living, 
and to the representatives of the dead, what is the sentence 
which impartial justice must pronounce on his own fame? 
Whether Mr. Jefferson has or has not erred, in any of these 
respects, is a question, on which he has appealed to posterity. 
Let posterity pronounce its judgment. 



ON PUBLIC CHARACTERS. 105 



LETTER. XXV 



April 15, 1833. 

There were several distinguished persons visiting in the 
United States, in the last five years of the last century, and 
among them some of royal blood. The Duke of Kent, son 
of George the Third, was here, father of the young princess, 
now heiress to the throne. He was a tall man, of light com- 
plexion ; no opportunity occurred to describe, in him, any 
peculiar traits of character. The present King of France 
was here, by the name of Mons. d'Orleans, accompanied by 
his two brothers, who were called, before the revolution, by 
the respective names of the Duke of Montpensier and the 
Duke de Beaujolois. Both the latter are long since deceased. 
The Duke of Orleans was a man rather above middle stature, 
dark complexion, rather sunken eyes, and of very digni- 
fied deportment. He kept aloof from the agitation of 
politics. The friends of France, apparently, did not think 
that his possible destiny could affect their interests. He 
made extensive excursions in this country, and was well 
informed, probably from his own observation, of its condition 
and prospects. He was in the best society in the several 
cities. The instability of human fortune has been strongly 
illustrated in the life of this person. Born to high distinc- 
tion, he had the affliction of seeing it all disappear as a 
vision, and himself reduced to the necessity of toiling for 
subsistence. He bore his reverses with magnanimity, and 
profited from them, and may now be the better monarch from 
these causes. Since his exaltation to the throne he has 
done honor to his own heart by recognising the courtesies 
and kindness experienced in this country. 

A gentleman now known as one of the first merchants in 
the world, and as a member of Parliament, Sir Alexander 



106 FAMILIAR LETTERS 

Baring, was then in this country. He was a man of middle 
stature, of light complexion and blue eyes. He was con- 
sidered to be a well informed person, and of highly respect- 
able manners. As to the former, this has since been veri- 
fied by useful and intelligent performances in parliamentary 
debate. He married an American lady, the daughter of 
Mr. Senator Bingham, who built and dwelt in the house 
now known as the "Mansion House" in Philadelphia. This 
was one of the places at that time of elegant hospitality in 
the " beautiful city," as it was called. "Beautiful," how- 
ever, should have been applied to what is intellectual and 
social, in that day, no less than to that which has not yielded 
to the unsparing hand of time. Certainly, the social inter- 
course of Philadelphia, at the close of the last century, was 
as delightful and interesting as could be found on the globe. 
There may have been elsewhere, more names, places of 
assembly, titles, and distinctions, than in Philadelphia, at 
this period. But being the seat of government, and place 
of Washington's abode, and Congress being then an object 
of attraction to visiters, and this city tlie attractive point 
for all distinguished foreigners, the society of Philadelphia 
was well entitled to the praise of elegant, and refined. 

Volney, the correspondent of Mr. Jefferson, the celebrated 
traveller, philosopher, and contemner of Christianity, (as his 
works show,) figured here at this time. He had a genuine 
French physiognomy, which no one could misunderstand. 
He was a tall, straight, well formed person ; high forehead, 
blue eyes, small mouth, and peculiar expression of face. 
He asked Washington to give him letters of recommenda- 
tion, to be used in his excursion in the states. He was 
probably understood. The letter given contained only these 
words : " C. Volney needs no recommendation from George 
Washington." 

The foreign ministers, then in Philadelphia, made their 
houses places of agreeable resort. They usually gave a 



ON PUBLIC CHARACTERS. 107 

dinner once a fortnight, and an evening entertainment, 
conmionly a ball, once in the same space of time. Mr. 
Liston was then the British minister. He was a Scotchman 
of common size, dark complexion, and not distinguished for 
courtly manners. He wore a wig with curls at the sides. 
He had an amiable, knowing face. He was much esteemed. 
The Spanish minister was named d'Yrujo, then or after- 
wards a duke, and who has since made some figure in 
Spanish affairs. He was a short, full man. He married a 
lady of that city, a daughter of Chief Justice McKean, a 
lady of celebrity for beauty. Among the members of Con- 
gress who made part of the fashionable world, was William 
Smith, of South Carolina, a gentleman much distinguished 
in debate on the federal side ; and Robert Goodloe Harper, 
also of South Carolina, who came into Congress on the 
other side, but who conscientiously felt, in a short time, that 
he was on the wrong side, and gave it up. He made a 
celebrated speech on the French Revolution, which was 
printed in England, and very generally distributed. This 
speech was prepared in Boston, where he passed a part 
of the summer of 1795. Mr. Harper was a well formed man, 
of middle stature, and uncommonly full chest; and then 
much in fashion in his personal appearance. He was a man 
of strong mind, a fluent orator, of respectable, but not 
adorned manner. In his private intercourse he was exceed- 
ingly amiable and pleasant. He was a man of excellent 
heart, and friendly disposition, and, as a public man, one 
of the most respectable of that time. Pie settled afterwards 
in Baltimore, and married the daughter of the survivor of 
those who signed the declaration of independence. He held 
the rank of general, and distinguished himself honorably, in 
repelling the attack of the British on Baltimore in the late 
war. General Harper and William Smith, are among 
the number of those whom Mr. Jefferson will introduce to 
posterity as monarchists, and as being among " the worth- 
less and disaffected." 



108 FAMILIAR LETTERS 

Mr. Carroll (just now alluded to )was rather a small and 
thin person, of very gracious and polished manners. At 
the age of ninety, he was still upright, and could see and 
hear as well as men commonly do. He had a smiling ex- 
pression when he spoke ; and had none of the reserve which 
usually attends old age. He was said to have preserved his 
vigor, by riding on horseback, and by daily bathing in 
cold water. He w-as a gentleman of the " old school " of 
deportment, which is passing away, if not gone. 

Mr. Gallatin made a distinguished figure in the House, in 
these days, on the opposition side. He indicated his origin 
by his pronunciation of our language, in a manner not to be 
mistaken. It appears from the records of the Senate, when 
his ricrht to a seat there was objected to in 1795, on the 
ground of defect in citizenship, that he was born in Geneva, 
in January, ITGl, and was for some time a teacher of the 
French language at Cambridge. He was considered to be 
a very able man, and has proved to be such in the stations 
and writings of subsequent time. He was rather above the 
common size, of inielligent face and brilliant black eye. 
He was a frequent speaker in the House, an argumentative, 
and not a graceful one. Mr. Madison was then in Congress, 
and an efficient member on the opposition side. A man of 
small stature, and grave appearance. At the close of his 
presidency, he seemed to be a care-worn man, and seemed, 
by his face, to have attained to a more advanced age than 
was the fact. He had a calm expression, a penetrating 
blue eye, and looked like a thinking man. He was dressed 
in black, bald on the top of his head, powdered, of rather 
protuberant person in front, small lower limbs ; slow and 
grave in speech. Mr. Madison was a warm advocate for 
the Union, and the associate of Jay and Hamilton, in the 
effort to make it acceptable to the public. ■ But he early 
became an opponent of the administration, and closely allied 
to Mr. Jefferson. It would be exceedingly interesting to 



ON PUBLIC CHARACTERS. 109 

know what this eminent man's opinions are, now that he 
can look back, dispassionately, on a long, active, and re- 
sponsible political life ; and what acts of his public life, if 
any, he disapproves ; and whether, in his calm retrospection, 
he is satisfied with his pretensions to be ranked among the 
truly worthy successors of Washington. 

However it may have been with Mr. Madison, he may 
have discerned, since his time, that public office in the 
United States is not always a solemn trust to be executed, 
according to enlightened conscience, for the common good : 
but may be a mere convenience to carry into effect the un- 
worthy purposes of party allegiance. ' 

Among the eminent men who lived in Philadelphia at the 
close of the last century, was Robert Morris. He was born 
in England, in 1733, and came to America when he was 
fifteen years of age. He was placed in the counting-house 
of Mr. Willing, father of Thomas Willing, who was the 
first President of the United States Bank. On coming of 
age, he was copartner with the latter gentleman, and con- 
tinued to be so for nearly forty years. Though Robert 
Morris was of English birth, he devoted himself to the 
patriot side, in the revolutionary contest. He had acquired 
great wealth as a merchant, but he cheerfully risked the 
whole of it to gain the independence of his adopted country. 
The final success of the revolution depended no less on the 
ability and industry of this one man, than on all the armies, 
with Washington as their chief When Congress had ex- 
hausted their means, all other means depended on Robert 
Morris. At one time he had used his own personal credit 
to the extent of one million four hundred thousand dollars, 
to sustain the credit of the United States. The records of 
these times are the honorable proofs of the esteem and 
respect in which both Congess, and Washington, regarded 
his patriotic labors and services. 

He was the founder of the first bank in this country, a 
10 



110 FAMILIAR LETTERS 

signer of the declaration of independence, member of the 
convention which framed the constitution, for some years a 
senator in the national government, and the personal friend 
of Washington. 

In 1784, under the old confederation, he resigned his 
office of " Financier," and when the new government went 
into operation, he was solicited to take the place of Secretary 
of the Treasury, but declined, and recommended the ap- 
pointment of Hamilton. 

After leaving all public employment, he exercised the 
same inventive genius and indefatigable industry, which he 
had devoted to the public service, in his own affairs, and 
engaged deeply in many and extensive enterprises ; and 
especially in the purchase of lands. Massachusetts had a 
claim to extensive tracts within the limits of New York, of 
which he became the purchaser. 

In 1795-6, he was in the splendor of prosperity, and then 
about sixty-three years of age. His house was at the corner 
of Sixth and Market Streets, and he had laid the foundation 
of a palace in the square, which is now called " Washington 
Square," with the intention of making the whole of that 
space, his residence. His home was the abode of noble, 
cordial hospitality, abounding in every thing that tended to 
make hospitality delightful. In his person (as now recol- 
lected) he was nearly of six feet in stature, of large, full, 
well-formed, vigorous frame, with clear, smooth, florid com- 
plexion. His loose gray hair was unpowdered. His eyes 
were gray, of middle size, and uncommonly brilliant. He 
wore, as was common at that day, a full suit of broadcloth, 
of the same color, and of light mixture. His manners were 
gracious and simple, and free from the formality which 
generally prevailed. He was very affable, and mingled in 
the common conversation, even of the young. 

Within the three years following, his very extended con- 
cerns became embarrassed, and his prosperity declined. 



ON PUBLIC CHARACTERS. Ill 

The extraordinary talents which were able to manage the 
monied concerns of the nation, under the most desperate 
circumstances, were incompetent to extricate himself from 
the difficulties which surrounded him. It is painful to know, 
that this able and commanding person, in the affairs of his 
country, and of society, closed his life under exceedingly 
depressed circumstances. Still more painful to know, that 
the turn of the times, and means which Morris would have 
abhorred, raised some men to places of high distinction, and 
put them in the way to be long remembered, while this 
generous, high-minded patriot, Morris, will be known to 
few only, to have ever lived. He should be remembered 
and honored, as among the earliest, most persevering, and 
faithful worthies of this land ; while some men, who will be 
so held, should be regarded with proper sentiments, not for 
the good, but for the mischuif \v\\\c\\ they achieved. Though 
Morris had leisure, at the close of his protracted life, to have 
laid in his claims to the respect, and to the gratitude of 
future ages, he left no memoir, letters, opinions, or Anas, 
by which his worth can be disclosed to the country, which 
he so truly adorned, and so faithfully labored to save. 



LETTER XXVI. 

April 20, 1833. 

In 1795, the Governor of Massachusetts was the celebrated 
Samuel Adams. He came in after Hancock, May, 1794, 
and was then seventy-two years of age. He remained three 
years in office. He was one of the most ardent of the 
patriots, before and during the revolution ; a popular writer 
and energetic speaker. He was of common size, of muscular 
form, light blue eyes, light complexion, and erect in person. 
He wore a tie wig, cocked hat, and red cloak. His manner 



112 



FAMILIAR LETTERS 



was very serious. At the close of his life, and probably 
from early times, he had a tremulous motion of the head, 
which probably added to the solemnity of his eloquence, as 
this was, in some measure, associated with his voice. He 
was in favor of adopting the federal constitution, but be- 
came an opponent to the administration. Though he and 
Hancock were the only two men excepted in the British 
proclamation of amnesty, they were, at one time, on very ill 
terms with each other from differences in opinion. He died 
in 1803. Samuel Adams was a sincere, devoted, and most 
effective agent in the revolutionary cause, with his pen, his 
tongue, and by example. He put every thing dear to him 
upon the issue. 

He was succeeded in 1797, by Increase Sumner, taken 
from the bench of the Supreme Court. Governor Sumner 
was of large person, a sensible man, of truly amiable char- 
acter. He took an active part in the convention in favor of 
the constitution. He died in June, 1799, much regretted. 

He was buried with the formal ceremonies, which have 
been observed here, on such occasions, ever since Hancock's 
time. Four chief magistrates have died in office. 

The Chief Justice was Francis Dana, who was sent to 
Russia as minister during the war, and was absent three 
years. He was a man of common stature, thin person, 
stooping a little, and of studious face. He was called an 
able lawyer, and was a very direct, clear, forcible speaker, 
but his manner, on the bench, was severe. In winter, he 
wore a white corduroy surtout, lined with fur, and a large 
muff; probably Russian acquisitions. Robert Treat Paine 
was also on the bench. He was a signer of the declaration 
of independence. He was a man of common stature, but 
very thin person ; and of (piick, ardent temper, as his black 
and sparkling eye might indicate. He did not hear easily. 
The manners of the court to the bar were, in those days, 
far from courteous ; which occasioned the remark of Mr. 



ON PUBLIC CHARACTERS. 113 

Ames, that a lawyer should come prepared with a club in 
one hand, and a speaking trumpet in the other. In his 
private life, he was a kind-hearted, and affectionate man. 
He was long in public life, and in responsible stations, but 
there is not a speech, nor a word of his, preserved. He was 
a strong, earnest speaker, but could not be ranked among 
the eloquent. 

In 1800, Theodore Secfgwick took his seat on the bench 
of the Supreme Court. He was a zealous advocate for the 
adoption of the constitution, and is frequently mentioned by 
Mr. Jefferson, as one of the monarchists ; and is included 
among the disaffected and worthless. He had been for many 
years in Congress, and Speaker of the House. He moved 
that the House should pass the necessary laws to carry the 
British treaty into effect. He was a man of large size, of 
good face, of dignified and courteous deportment, but with 
something of display of manner. From the time of his ap- 
pointment to the bench, the conduct of the court towards 
the bar underwent an entire revolution, and the former 
causes of complaint soon disappeared. He was supposed to 
have induced this important change. Judge Sedgwick had 
the reputation of being a good lawyer, and a gentleman, in 
every meaning of that term. 

Towards the end of the last century, among the men who 
were then juniors, and who were afterwards to take a very 
important part in the affiiirs of the country, were Christopher 
Gore, (then District Attorney,) Samuel Dexter, Harrison 
Gray Otis, and John Quincy Adams. There was also at the 
bar John Lowell, who, though he was not in Congress, nor 
in the national government in any station, had great in- 
fluence on public opinion, as an undaunted and powerful 
writer in subsequent days, as there will be occasion to show. 

Among the known writers on.the opposition side, was the 
indefatigable Benjamin Austin, author of a long series of 
essays signed " Old South," and many others. They have 
10* 



114 FAMILIAR LETTERS 

ceased to be remembered ; but they may, at some distant 
day, be worth an historian's perusal, as indicative of the 
temper of the times. On the other hand, there was a very 
able writer who signed himself " Laco." His writings at- 
tracted great attention ; but the author kept his own secret ; 
and it is iiot known who he was. 

About the end of the century, the forms of society under- 
went considerable change. The levelling process of France 
began to be felt. Powder for the hair began to be unfash- 
ionable. A loose dress for the lower limbs was adopted. 
Wearing the hair tied, was given up, and short hair became 
common. Colored garments went out of use, and dark or 
black, were substituted. Buckles disappeared. The style 
of life had acquired more of elegance, as means had in- 
creased. Crowded parties, in the evening, were not as 
common then as they are now. There was more of socia- 
bility, and less form and display, than there is now. Some 
of these changes may be referred to the increase of numbers, 
and of wealth. The Americans are not a people of lio-ht, 
spiritual amusement, as the French and Germans are. In 
this part of the country, they are much more like what the 
English are represented to be. There must be many still 
living who remember the frank, friendly, social, uncere- 
monious intercourse which prevailed thirty or forty years 
ago. Has it disappeared ? If it has, from what cause ; and 
is the present state of things a better one? 



LETTER XXVII. 

April 30,1833. 

The retirement of General Washington was a cause of 
sincere, open, and indecent rejoicing among the French 
party in the United States. In France it was an event 



ON ttBLlC CHARACTERS. 115 

long desired, and cordially welcomed. The real friends of 
this country, and who were intelligent enough to compre- 
hend the probable consequences, considered the loss of 
Washington's personal influence a public calamity. 

At the time when the necessity of finding a new candi- 
date for the presidency engaged the general attention, the 
relations of the United States with France were never more 
vexatious and embarrassing. President Washington had 
recalled Mr. Monroe, and sent over Charles Cotesworth 
Pinckney, as his successor. The government of France 
was then vested in a Directory of five ; a Council of An- 
cients, and an Assembly of five hundred. Mr. Monroe 
was allowed a very gracious and complimentary retirement, 
from the presence of the French dignitaries ; he was told, at 
the same time, what an abominable government his own 
countrymen had, yet how ardently the French loved them. 
But Mr. Pinckney was refused a reception, threatened 
with police custody, and at length, peremptorily ordered to 
quit the French territory. About this time, orders were 
issued to capture American vessels, wherever found, and 
bring them in as prize. These orders were faithfully execu- 
ted. The French colonies in the West Indies sent out great 
numbers of privateers ; and that of St. Domingo alone, sent 
out eighty-seven. 

Before this change in the French policy was known in 
the United States, the election of President came on. There 
was great difference of opinion among the federal party, 
whether to seek the election of John Adams, or Thomas 
Pinckney. As the constitution then was, both were voted 
for, by that party, expecting that one of- them would be 
President, and the other Vice President. Mr. Jefferson 
and Mr. Clinton, of New York, were the two opposing can- 
didates. Most unexpectedly the result was, that Mr. 
Adams stood highest, Mr. Jefferson next, and Mr. Pinck- 
ney third. It was supposed that so many of the eastern 



116 FAMILIAR LETTERS 

electors, as preferred Mr. Adams to Mr. Pinckney, placed 
the latter candidate lower than tliey intended to do, and 
thereby gave a result which was exceedingly unwelcome, as 
to the Vice President. 

Mr. Adams, on the day of his inauguration (March 4, 
1797,) was in his C2d year. He was dressed in a full 
suit of pearl-colored broadcloth ; with powdered hair. He 
was then bald on the top of his head. Mr, Adams was 
of middle stature, and full person ; and of slow, deliberate 
manner, unless he was excited ; and when this happened, 
he expressed himself with great energy. Mr. Adams was a 
man of strong mind, of great learning, and of eminent 
ability to use knowledge, both in speech and writ'ng. He 
was ever a man of purest morals : and is said to have been 
a firm believer in Christianity, not from habit and axam- 
ple, but from diligent investigation of its proofs. He had 
an uncompromising regard for his own opinion ; and was 
strongly contrasted with Washington, in this respect. He 
peemed to have supposed that his opinion could not be 
corrected by those of other men, nor bettered by any com- 
parison. He had been, from early manhood, a zealous 
patriot, and liad rendered most essential services to his coun- 
try, at home, and abroad. These he always seems to have 
had in mind. He well remembered the painful struggles 
experienced in Europe, to obtain aid for the patriots at home, 
and an acknowledgment of independence, from govern- 
ments there, while the war was yet regarded, by England, 
as rebellion. He ought to have known, as would seem from 
his own writings, in what manner public services are esti- 
mated. An individual can easily remember how much 
good he has done to a community ; but those who are bene- 
fited, as easily forget. If public ingratitude is common, it 
is very natural. It is not improbable that Mr. Adams was 
impatient in finding how much more the easily understood 
services of military men were appreciated, than were the 



■ ON PUBLIC CHARACTERS. 117 

secluded, though no less important ones, of diplomatic 
afgency and cabinet counsel. So made up, from natural 
propensities, and from the circumstances of his life, Mr. 
Adams came to the presidency at the time when more for- 
bearance, and discretion were required, than he is supposed 
to have had. He seems to have been deficient in the rare 
excellence of attempting to see himself as others saw him ; 
and he ventured to act as though every body saw as he saw 
himself. He considered only what was right, in his own 
view ; and that was to be carried by main force, whatever 
were the obstacles. 

He found Mr Pickering in the department of state, and 
continued him there. This gentleman was intelligent, hon- 
est, and, like himself, disposed to respect his own opinion. 
Mr. Pickering had been most confidentially relied upon by 
Washington, and expected the like intercourse with Mr. 
Adams. But, perhaps, no two men, who had been associated 
in the national councils, except Jefferson and Hamilton, 
were less likely to harmonize than these two ; but from 
what causes, others must judge, from better means of infor- 
mation than can be herein pretended to. 

Mr. Pinckney's treatment in France was among the first 
objects that engaged the attention of the new President ; 
and connected with it, the seizure and condemnation of 
American vessels, and the harsh treatment of their naviga- 
tors. Mr. Adams thought the state of affairs demanded 
the deliberations of Congress, and its members were assem- 
bled on the loth of May, 1797. In his speech, he com- 
mented on the expressions of the French government when 
Mr. Monroe took leave, as being highly derogatory to this 
country ; he said he should make a new attempt to concil- 
iate ; but, thought it indispensable that Congress should put 
the country, in such a state, as to enable it to vindicate its 
honor, and independence. 

Mr. Adams united, Charles Cotesworth Pinckney, El- 



118 PAMILIAU LETTERS 

bridge Gerry, and Joh a Marshall (now Chief Justice) in a 
mission to France, with very ample powers. These envoys 
were assembled at Paris in the month of October follow- 
ing ; and immediately attempted to execute their commis- 
sion. They gave the usual notice of their presence, and 
of their readiness to be accredited. Scenes followed of 
most exasperating character. Overtures, proposals, and 
demands were made, which excited an almost universal 
indignation in the United States, and, for a time, even 
silenced tlie devoted friends of France. The despatches of 
these Envoys' are the authority for the occurrences at Paris. 
The first of these was received at the close of the year 
1797, and others, later during the winter. On the third of 
April, 1798, all the despatches, then received, were commu- 
nicated to Congress, and made public. 



LETTER XXVIII. 

May 5, 1833. 
From such authority it appears, that Mr. Osmond, pri- 
vate Secretary of Mr. Talleyrand, then minister for foreign 
affairs, made known that the American Envoys could not 
be received until certain expressions in Washington's last 
speech to Congress, concerning the conduct of France ; 
were disavowed, and atoned for, and that certain other 
things must be done before the Envoys could be received, 
and treated with ; that with a view to such arrangements, 
unofficial individuals would confer with the Envoys, and 
make known the views of the Directory. Such individuals 
presented tliemselves. Who they were was not then known ; 
as their names were written in cipher, and not communica- 
ted to Congress. Instead of their names, the letters X, Y,Z, 
were used. In Mr. Jefferson's volumes he has many remarks 



ON PUBLIC CHARACTERS. 119 

on the X, Y, Z, affair. He seems to have been insensible 
to the conduct and character of the French government. 
He discerned nothing humiliating, insolent, or offensive, 
in the treatment of our Envoys. He says, (vol. iii. p. 402,) 
" the X, Y, Z, fever has abated considerably through the 
" country, as I am informed, and the alien, and sedition 
" laws are working hard." Elsewhere he calls it, " the X, 
" Y, Z, delusion." 

Such conferences could only have been permitted from 
the earnest solicitude of the Envoys to conciliate with 
France, and avoid hostilities. They knew that if war en- 
sued, the United States had to create its maritime force, 
and that before this could be done, the commerce of the 
country, then extensive, and valuable, might suffer still 
more than it had. They endured, therefore, an irregular 
intercourse, which they supposed would find an apology in 
the necessity of the case. 

Four things seem to have been positively demanded by 
Messrs. X, Y, Z. First, atonement for so much of Wash- 
ington's speech as the Directory disliked ; secondly, the 
placing of France on the same privileged footing with Eng- 
land ; thirdly, a loan in a. covert and disguised manner, of a 
large sum of money to France, so as to evade the appear- 
ance of a belligerent act, on the part of the United States, 
towards England ; fourthly, to give Mons. Talleyrand, to be 
divided between himself and his friends, 1200,000 francs 
equal to about two hundred and twenty-three thousand dollars. 
These propositions were met, and rejected, in a dignified, and 
manly spirit, though urged in every variety of form, and 
presented with menaces of the power of victorious and tri- 
umphant France. In one of these interviews, Mons. Y 
said : — "Gentlemen, I will not disguise from you, that, this 
" satisfaction being made, the essential part of the treaty 
" remains to be adjusted : II faut de I'argent ; beaucoup 
" de I'argent." ( You must pay money ; you must pay a great 



120 FAMILIAR LETTERS 

deal of money.) " He spoke much of the force, the honor, 
'* and the jealous republican pride, of France, and rep- 
" resented to us strongly, the advantages which we should 
" derive from neutrality, thus purchased. He said that 
" the receipt of the money might be so disguised as to pre- 
** vent its being considered a breach of neutrality by England, 
" and thus save us from being embroiled with that power. 
" Concerning the 1200,000 francs, little was said, that being 
" completely understood, on all sides, to be required for the 
" officers of government, and, therefore, needing no further 
" explanation." In this manner this negotiation was pro- 
longed during about five months, but without making any 
impression on the Envoys ; at the end of which time Mr. 
Pinckney and Mr. Marshall were ordered to leave France, 
but Mr. Gerry was invited to remain, and continue the 
negotiation. He did so ; and did not return till October 
following. 

When these despatches were made public, as already 
observed, there was a general indignation in the United 
States, and the common cry, was, " millions for defence, 
not a cent for tribute." Mr. Gerry was severely censured 
for not having left France with his colleagues. There is 
no reason to doubt that he meant well ; and that he thought 
he could do alone, what he, and his two associates, Pinck- 
ney and Marshall, could not do with him. He must have 
assumed that his better esteem individually, with the French 
rulers, would enable him to effect the purposes of the mis- 
sion. He found himself, however, in the hands of adroit 
managers, and was compelled, at last, to withdraw, without, 
of course, effecting any thing ; and in a manner which 
added nothing to his reputation as a diplomatist, though it 
did nothing to impair his integrity. 

At the summer session of Congress, in 1798, provision 
was made for defence, by authorizing the organization of an 
army, and for borrowing money. Loans were negotiated 
at eight per cent, which was afterwards made a topic of 



ON PUBLIC CHAUACTERS. 121 

complaint, and abuse of Mr. Adams. The young men 
took up the subject of the country's affairs with great zeal ; 
and in Boston, Robert T. Paine, the celebrated poet, wrote 
the well known song of" Adams and Liberty." On the 8th of 
July, 1798, he delivered a highly wrought oration to his young 
associates. Addresses were sent to the President, from all 
parts of the country, glowing with patriotism, and with de- 
fiance of the great Republic. Mr. Adams had good reason 
to think, that he stood strong in the respect and affection of 
the people ; and may well have considered this, the proud- 
est period of his public life. 

In the arrangement of the intended military force, all eyes 
were turned to Washington as the chief. Mr. Adams 
made known his intention to appoint him ; and in answer, 
without intimating a willingness to accept, he expressed 
his full approbation of the President's measures. He was 
afterwards appointed, with the condition that he might 
select his officers next in command. Some troops were 
embodied, and there was one encampment at Oxford, in 
Massachusetts. 

On the ocean, war began in earnest. The frigate Con- 
stellation, of thirty-eight guns, was immediately built, and 
the command given to Thomas Truxton, who, on the 9th of 
February, 1799, after an engagement of an hour and a 
quarter, captured the French frigate 1' Insurgent (in the 
West Indies) of fifty-four guns. The Constellation came 
home to refit, and on the 1st of February, 1800, met 1' Ven- 
geance, of fifty-four guns. The battle lasted five hours, at 
the end of which time, 1' Vengeance was completely 
silenced, but not captured. A squall enabled her to escape, 
with the loss of one hundred and sixty men, killed and 
wounded. 

In the early part of 1799 Mr. Adams contemplated a 
new attempt at negotiation with France, in Paris. All 
those who had so far supported Mr. Adams's measures, con- 
11 



122 FAMILIAR LETTERS 

sidered it inconsistent with the honor and dignity of the 
nation, to make any such attempt ; and that proposals to 
treat should come from France. Mr. Adams did not con- 
sult his cabinet on this occasion. When Mr. Pickering, and 
Mr. McIIenry, (Secretary at War,) were informed that 
he intended a new mission, they remonstrated, and this 
made the breach, which had long been widening, irrepara- 
ble. On the 2Gth of February, 1799, the President appointed 
Oliver Ellsworth, of Connecticut, Patrick Henry, of Virginia, 
and William Vans Murray, of Maryland, (then minister at 
the Netherlands,) Envoys Extraordinary, and drew up his 
own instructions. Mr. Henry declined, and William Rich- 
ardson Davie, of North Carolina, was substituted. 

France was surprised by the hostility of America; more 
so that their influence in the United States was incompe- 
tent to prevent it. War was not her object. It could do 
her no good, and there was, undoubtedly, a disposition on 
her part to recede. The President, probably, took this 
view of the case, though it had not the approbation of his 
most intelligent supporters. Hamilton was much opposed 
to it, and is said to have written to the President to dis- 
suade him from sending Envoys. This dissent only made the 
President more determined to persevere. The breach occa- 
sioned by this measure, between the President and his 
two ministers, Pickering and McHenry, (and some other 
opinions, as it is said, expressed by the latter favorably to 
Washington,) made the cabinet relation 'of these persons 
too unpleasant to be endured ; and, in April or May, 1800, 
the President abruptly dismissed both these ministers. This 
event excited much sensation. It probably had some in- 
fluence in reducing the federalists to a minority. But 
another measure, then thought to be highly impolitic, was a 
letter written by, and in the name of Alexander Hamilton, 
and published in 1800, " concerning the public conduct 
and character of John Adams." This letter, disclosing, as 



ON PUBLIC CHARACTERS. 123 

it did, and from an eminent man, a determined aversion 
from the continuance of Mr. Adams's official power, may 
be considered as among the operative causes of Mr. Adams's 
failure, at the ensuing election. This publication, what- 
ever may be thought of it as to the time in which it appear- 
ed, as to motives, and manner, may have hastened the fall 
of federalism. Nothing, it is believed, would have prevented 
it, in no very distant time. There was not then, and never 
has been since, a majority who were disposed to administer 
the government according to the true standard established 
by Washington, and conformed to by Mr. Adams, so far as 
his circumstances permitted; although, when pressed by 
necessity, subsequent administrations have always returned 
to it. 

The first subject of complaint against Mr. Adams, 
among the friends of the government, resulted favorably to 
the country. It prevented, for that time, the continuance 
of the United States in a war, for which they were unpre- 
pared, and in which they had much to lose, and nothing to 
gain. So far as mere interest was concerned, one would 
think Mr. Adams's policy was right. So far as honor and 
dignity were involved, there seem to have been different 
opinions. When the Envoys arrived, the Directory had 
disappeared, and Napoleon Bonaparte was First Consul. 
They were respectfully received ; a satisfactory, " conven- 
tion," or treaty, was framed, and duly ratified by both par- 
ties. Thus Mr. Adams had the honor and satisfaction, of 
bringing the long continued controversy with France to a 
conclusion, within his four years: — at least, until new 
difficulties arose. 

Besides the mission to France, and the letter of Mr. 
Hamilton, there were other circumstances, in his four 
years, which were turned to account against Mr. Adams, 
with great success. Among these were certain legislative 
measures, severely reprobated by those whom they were 



124 FAMILIAR LETTERS 

intended to affect. They furnished materials for abundant 
invective, as they were thouglit to be adverse to personal 
liberty, and freedom of speech. That they may be judged 
of, with the calmness which comes with the lapse of time, as 
to past events, it is worth while to speak of them more fully. 

Among the legislative movements, intended to affect the 
official reputation of Mr. Adams, was the motion of Edward 
Livingston, made, originally, in February, 1800, in the 
House of Representatives, to call on the President for his 
reasons, for having delivered up to the British, Jonathan 
Robbins, a native, and impressed American. The call 
having been answered, the motion was extended, February 
20th, and made to inculpate the President, for a dangerous 
interference of the executive power, with judicial decisions; 
that the compliance of the Judge (Bee, of South Carolina,) 
was a sacrifice of the constitutional independence of the 
judiciary, and exposed the administration thereof to suspicion 
and reproach. Mr. Livingston supported his motion, in a 
speech of three hours ; Mr. Gallatin and Mr. Nicholas did 
their best to sustain him. 

On the other side Mr. Bayard, Mr. Harper, Mr. Otis, 
Mr. Dana, and others, resisted the motion. On the Gth of 
March, John Mamhall made his masterly and conclusive 
speech against the motion, which has been deemed equiva- 
lent to a judicial authority, and has been bound up in books 
of reports, and is referred to as such. The motion was 
finally rejected by a vote of about sixty-four to thirty-eight. 

This was a mere party effort, whether the mover, and his 
political friends, so intended it to be or not. The unques- 
tionable facts are, that this Jonathan Robbins was born at 
Waterford in Ireland; that his name was Thomas Nash ; 
that he shipped on board the British frigate Hermoine ; that 
in September, 1797, he, with others, murdered one or more 
of the officers, and among others Lieutenant Foreshaw ; that 
he escaped, and got to Charleston, and was there July 



ON PUBLIC CHARACTERS. 125 

1st, 1799. He pretended that he was born in Danbury, 
(Connecticut) but the selectmen certified, that they knew 
of no such person, nor any one of the name of Robbins, in 
the town. Admiral Parker applied to Mr. Liston, the Brit- 
ish minister, to request of the President to deliver up Nash, 
pursuant to the 27th article of the British treaty with the 
United States. The President wrote to Judge Bee to 
deliver him up, he then being in custody. Proper evidence 
of his identity, and of his crime, being presented to the 
judge, he was delivered up, tried, and executed. He con- 
fessed (it is said) at the time of execution, that he was 
Thomas Nash, born in Ireland. 

Mr. Marshall's speech (now Chief Justice) went to 
prove, that this was a proper exercise of executive power 
under the treaty, as the crime was committed within the 
jurisdiction of Gre'at Britain. His speech was a most satis- 
factory answer to the position taken on the other side, that 
Nash was punishable in the United States, if punishable at 
all, as a. pirate. The cause for demanding Nash was, that 
he had committed murder; an offence against British, and 
not against American law ; that whether he had also com- 
mitted piracy, or not, (which crime, wheresoever committed, 
may be punished by any nation, among whom the culprit may 
be found,) he was a proper subject for deliveiy under the 
27th article of the treaty, as a murderer. So the house 
decided. 

This incident is strongly illustrative of the times. It is 
well remembered, that the impression sought to be made on 
the public mind, was, that the President had delivered up 
one of his own countrymen, in obedience to British requisition, 
to be hung ; notwithstanding, the accused citizen, had done 
no more than he lawfully might do, to escape from the 
tyrannical impressment of the mistress of the seas. It is 
not surprising that any administration should be overthrown, 
when such calumnies were easily received as truths. 
11» 



126 FAMILIAR LETTERS 



LETTER XXIX. 

May 7, 1833. 

Other legislative measures referred to, were the alien 
and sedition laws. In 1797, there were computed to be 
thirty thousand Frenchmen in the United States, all of 
whom were devoted to their native country, and all of whom 
were, in some way, associated, through clubs, or otherwise, 
and who had a strong fellow feeling. This number does not 
refer to the emigrants who had fled on the commencement of 
the revolution ; but to men of very different order, who had 
left France, (after the monarchy had fallen) from necessity 
or choice. Besides these, there were computed to be fifty 
thousand who had been subjects of Great Britain, and some of 
whom had found it unsafe to remain at home. They fled to a 
country, as they understood it, where they should be free to 
do any thing which they thought fit to do, in the name of 
"liberty," and where its enemies might be encountered, 
whether in ofiice, or not. A combination was formed, and 
organized with more detail than is common in military 
usage, and prepared to act with union and effect, in any 
" emergency." Philadelphia, at that time the seat of 
government, was the head-quarters of this combination. 

" The American Society of United Irishmen," was at 
this time, a very formidable body. In the troubles in 
Ireland, the United Irishmen there, had revived their 
associations under the impulse of the French Revolution, 
and the British government encountered them with civil and 
military force. Some eminent men had joined the Union, 
and entertained the hope of securing an independent govern- 
ment. Tlionias Addis Emmett engaged in this enterprise, 
which was wholly, and disastrously unsuccessful. After a 
long imprisonment, that gentleman came to the United 



ON PUBLIC CHARACTERS. 127 

States in 1804, at the age of about forty, and rose to high 
professional eminence. He was of amiable character, and 
was highly esteemed. When the British government had 
entirely defeated the objects of the United Irishmen, it was 
proposed that they should be allowed to emigrate to the 
United States. This measure, Mr. King, then minister at 
London, strenuously opposed. After Mr. Emmett came to 
this country he discussed publicly, with some severity, this 
opposition. It is believed that Mr. Emmett did not other- 
wise interpose, in any respect, in political movements, on 
this side. From the commotions in Ireland, a large number 
of the disaffected had come to the United States in 1795, 
and the two following years, bringing with them, of course, 
a bitter hostility to the English government ; and a devotion 
to France, naturally arising from the belief, that the great 
Republic was prevented only by British superiority at sea, 
from sending over a force competent to establish liberty in 
their native land. It was easy for such emigrants to learn, 
and believe, that the government of the United States was 
the proper object of their hatred, as identified with the 
power from which they had fled ; and that every thing tend- 
ing to uphold and honor republican France, demanded their 
zealous attachment. The combinations of the United Irish 
could not be misunderstood by our government ; and they 
were sufficiently alarming to require preventive measures. 
The Jacobin Clubs in the United States, if not then existing 
in name, were still so sympathetic with these alien combina- 
tions, as to be a most effective auxiliary. It is believed that 
they were still organized, and in full vigor. 

In the then state of the country, in relation to France, 
(which might intend to send over a military force, relying 
on the aid to be found within our own territories,) these 
powerful allies were, very justly, a subject of alarm, and 
were so considered by the President. 

In the official speech made to Congress, at the May 



128 FAMILIAR LETTERS 

session, 1797, the President makes these remarks: "It is 
" impossible to conceal from ourselves or the world, that 
" endeavors have been employed to foster and establish 
" a division between the government, and the people, of the 
" United States. To investigate the causes which have 
" encouraged this attempt, is not necessary ; but to repel, 
" by united and decided councils, insinuations so derogatory 
" to the honor, and the aggressions so dangerous to the con- 
"stitution, union, and even independence of the states, is 
** an indispensable duty. 

*' It must not be permitted to be doubted, whether the 
" people of the United States will support the government 
" established by their voluntary consent, and appointed by 
" their free choice ; or whether, surrendering themselves to 
" the direction of foreign and domestic factions, in opposi- 
" tion to their own government, they will forfeit the honor- 
" able station which they have hitherto maintained." 

Congress passed a law, which was approved, on the ISth 
of June, 1798, providing, among other things, for the 
manner in which aliens might become citizens, whereby 
the facility with which citizenship had before been acquired, 
was much restricted. 2. It empowered the President to 
order all such aliens, as he should judge to be dangerous to 
the peace and safety of the United States, or concerned in 
treasonable measures, to leave the United States. 3. To 
grant licenses to aliens to remain during the President's 
pleasure. 4. It provided imprisonment, not exceeding three 
years, to such aliens as remained without license, and per- 
petual disqualification to become citizens. 5. It authorized 
the President to require bonds of aliens for good behavior. 
G. Masters of vessels arriving in the United States, were 
required to report the names of aliens, if any were on board, 
under penalty of three hundred dollars. 

It appears from a letter of Mr. Jefferson to Mr. Madison, 
(vol. iii. p. 389,) that the mere discussion of this law had a 



ON PUBLIC CHARACTERS. 129 

salutary effect. He says, " The threatening appearances 
" from the alien bills, have so alarmed the French who are 
" among us, that they are going off. A ship, chartered by 
" themselves for this purpose, will sail in about a fortnight 
" for France, with as many as she can carry. Among these, 
" I believe, will be Volncy, who has, in truth, been the prin- 
" cipal object aimed at by the law." This gentleman 
(Volncy) has been before mentioned. He was a long 
time in this country, and was thought to be an emissary of 
France. 

As this law was made at the suggestion of the President, 
(John Adams,) it furnished a new and prolific theme of re- 
proach. It was called by the opposition a British measure ; 
a servile copying of the forms of kingly despotism ; and an 
incontestable proof of design to assimilate our government 
to that of England, and eventually to arrive at monarchy. 

This law was considered, (and especially in Virginia) by 
all opponents of the administration, as vesting in the Presi- 
dent an authority capable of perversion to an most alarming 
extent. Although it was expressly limited to aliens, yet it 
was pretended, that it might be, and would be, applied to 
native citizens. The opposition presses poured out their 
invectives with renewed vigor, and were able to make a 
deep and lasting impression. Yet, when considered in itself, 
independently of party excitements, every one must admit, 
that all governments ought to exercise the power of sending 
aliens from their territories, whenever their presence is, or 
may be, incompatible with the public peace and security. 
There can be no distinction between a monarchy, and a 
republic, in this respect. The clamor against this law, un- 
doubtedly, had an effect in impairing the President's popu- 
larity ; though it is not recollected to have been carried into 
effect, in a single instance. 

The other law alluded to, was called the sedition law ; 
and, among the opposition, the " gag law." These were its 



130 FAMILIAR LETTERS 

principal provisions ; it made punishable these offences, viz. 
1. Defamincr or brinwinof into contempt, the Congress, or 
President. 2. Exciting the hatred of the people against 
them. 3. Stirring up sedition in the' United States. 
4. Raising unlawful combinations for resisting the laws, 
and lawful authorities. 5. Aiding and abetting foreign 
nations against the United States, their people, or govern- 
inent. 

Looking back dispassionately, to these days, with a full 
knowledge of the designs of France, and at the perils of 
the country, from its internal enemies, (though they did not 
so consider themselves, and therefore the more dangerous,) it 
is inconceivable that such a law should have been unwelcome 
to any, whom it was not intended to restrain. The alien law, 
it was said, if limited to aliens, was an exclusion of suffer- 
ing patriots from the only asylum left to them on earth. 
This was odious enough, to be sure. But to make a law 
which prevented the free citizens of the United States from 
discussing the conduct and character of their own servants, 
and the nature of their public acts, was utterly intolerable. 
The complainants made no account of ihe fact, that punish- 
ment could not be inflicted under this law, but through the 
agency of a grand jury, in the first place ; and then by the 
result of a trial by jurors, impartially selected from among 
the people. They disregarded, or knew not, how important 
a change was made of the English law of libel, then in force, 
Ky this very law, in the provision therein contained, that it 
should be lawful for the defendant to give in evidence, the 
truth of the matter contained in the publication charged as 
a libel ; and that the jury should have the right to determine 
the law, and the fact, under the direction of the court. 

There can be no stronger proof of the delusion which 
prevailed, than is found in the clamor against this law, 
from one end of the Union to the other. Intelligent Ameri- 
can citizens joined in this clamor, and some eminent men 



ON PUBLIC CHARACTERS. 131 

of the opposition, gave their able support to it. An alien, 
by the name of James Thompson Callender, was indicted 
under this law for the publication of a book, entitled " The 
Prospect before Us," comprising a series of calumnies, and 
libels against the measures of the government. Callender was 
convicted at Richmond, in May, 1800, on trial before Judge 
Chase. The manner of this trial, constituted one article of 
impeachment against this magistrate. It was said, that Mr. 
Jefferson knew of this publication, before it appeared, and 
approved of it. However this may be, Mr. Jefferson admits, 
in a letter to Mr. Monroe, (vol. iii. p. 494,) that he knew Cal- 
lender, and considered him " a man of science fled from per- 
secution," and that he contributed to his relief He after- 
wards contributed a second time ; and gave him fifty dollars 
as a third relief ; and again fifty dollars. Mr. Jefferson says, 
that Callender then asked the office of Postmaster at Rich- 
mond, which being refused, Callender became his enemy; 
and published that Mr. Jefferson helped him to print his 
book. 

Whether a sedition law was necessary or not, may be 
judged of from these extracts from Callender's " Prospect 
before Us." *' The feign of Mr. Adams has been one con- 
" tinued tempest of maliijnant passions. He has never 
" opened his lips, or lifted his pen, without threatening and 
" scolding. Mr. Adams has labored, with melancholy suc- 
" cess, to break up the bonds of social affection." " Adams 
" and Washington have since been shaping a series of these 
" paper jobbers, into judges and ambassadors, as their whole 
" courage lies in want of shame. These poltroons, without 
" risking a manly and intelligent defence of their own 
" measures, raise an affected yelp against the corruption of 
" the French Directory ; as if any corruption would be 
" more venal, more notorious, more execrated than their 
" own." " Mr. Adams has only completed the scene of 
" ignominy, which Mr. Washington began." "By sending 



132 FAMILIAR LETTERS 

" these ambassadors to Paris, Mr. Adams, and his British 
" faction, designed to do nothing but mischief." " This 
" hoary headed incendiary, (Adams,) this libeller of the 
" Governor of Virginia, bawls out, to arms ! then to arms ! " 
" He is not an object of envy, but of comj)assion and hor- 
" ror." " When a chief magistrate is, both in his speeches 
" and newspapers, constantly reviling France, he cannot 
" expect, nor desire, to live long in peace with her." " Take 
" your choice, then, between Adams, war, and beggary ; 
" and Jefferson, peace, and competency." These are 
only a small portion of similar expressions, which " The 
Prospect before Us " contains. 

This unfortunate disagreement between this " man of 
science" and Mr. Jefferson, did not, probably, occur until 
the latter became President ; because one of Mr. Jefferson's 
first official acts was the release of Callender from prison. 
The reason which Mr. Jefferson gives for this interposition, 
is a remarkable one ; it is contained in a letter to George 
Hay, Esq. (in vol. iv. p. 75, written while Burr was on trial,) 
which shows how Mr. Jefferson construed constitutional 
power. He says, " In the cases of Callender and others, 
" the judges determined the sedition act was valid, under 
" the constitution ; and exercirxjd their regular powers of 
" sentencing them to fine and imprisonment. But the ex- 
" ecutive," (that is, Thomas Jefferson,) " determined that 
" the sedition act was a nullity under the constitution, and 
" exercised his regular power of prohibiting the execution 
" of the sentence, or rather of executing the real law, which 
" protected the acts of the defendants. From these different 
" constructions of the same act, by different branches, less 
" mischief arises, than from giving any one of them a con- 
" trol over the others." Thus it is seen that Mr. Jefferson 
asserted the right of declaring any law a nullity, although 
the judicial power, which has the exclusive constitutional 
right to decide, had determined otherwise. This was not a 



ON PUBLIC CHARACTERS. 133 

perversion on his part, but was his notion of right and 
wrong. Duane, or Bache, it is not recollected which, (both 
of whom published papers of which Mr. Jefferson approved,) 
was one of the " others " to whom Mr. Jefferson alludes. 
This editor was under an indictment, at the suggestion of 
the Senate, for a libel on that body. Mr. JefTerson ordered 
this prosecution to be dropped, as soon as he became Presi- 
dent. He also ordered the marshal of Virginia to pay back 
to Callender the fine of two hundred dollars imposed on him ; 
though Mr. Jefferson might as lawfidly have ordered the 
whole contents of the treasury to be paid to him. 

The expediency, and even the necessity of the alien and 
sedition laws, cannot be doubted by any reasonable man, in 
the condition of the country at the close of the last century. 
Unless the people of the United States were disposed to see 
their own government, and their own public officers, sub- 
mitted to the dominion of foreign and internal combinations, 
such laws ought to have had their respect, and approbation./ 
There may have been some provisions, in these laws, which 
were inexpedient ; that of vesting certain powers in the 
President, may be thought so. It would have saved him 
from some odium, perhaps, if the power to order aliens out 
of the country, had been vested in some judicial officers. 
It is not obvious how the President was to acquire that 
knowledge of facts, which would enable him to exercise his 
powers without oppression. It was an authority which an 
executive officer could hardly desire ; and one which subse- 
quent experience of official aptitudes, would not incline one 
to see renewed. These were perilous days, originating in 
the distempered state of Europe ; and it is to be hoped, that 
the like will not recur from such, or any other cause. 

Among other legislative movements in the summer of 

1798, was a proposition made y Mr. Griswold, (afterwards 

Governor of Connecticut,) to amend the sedition law, by 

providing for the punishment of such persons as interfered 

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134 FAMILIAR LETTERS 

in the diplomatic affairs of the United States, and foreign 
nations. Early in this year a certain Dr. Logan departed 
from Philadelphia for Paris, charged with a. private mission 
on public affairs to the Directory. By whom sent, was no 
secret. The House addressed the President, two to one, on 
this very serious subject ; and a like address passed the 
Senate, with only five dissentients. In this address it is said, 
" We deplore that there are those who call themselves by 
" the American name, who have daringly insulted our 
" cpuntry, by an usurpation of powers not delegated to them, 
" and by an obscure interference in our concerns." 

Mr. Jefferson was said, at the time, to have sent Logan 
to Paris. In one of his letters, he answers some inquiry on 
this subject ; and says, that the accusation is groundless ; 
that Logan was self-appointed, and that he (Mr. Jefferson) 
did no more than to give him some sort of passport. 



LETTER XXX. 

May 17, 1833. 

An act of Congress, re-organizing the judiciary, passed 
on the 13th of February, 1801, was considered almost uni- 
versally, by the profession of the law, as a wise and expe- 
dient measure. It proved to be among the acts of Mr. 
Adams's administration which attracted, especially, Mr. 
Jefferson's disapprobation. The details of this act show it 
to have been prepared with great ability, and of all the 
objects of vindictive demolition, this, certainly, was best 
entitled to be spared. It divided the United States into six 
circuits, and provided for the appointment of three judges 
in each, leaving the judges of the Supreme Court to exercise 
power as a court of appeals, and for the correction of errors. 
Between the 13th of February and the 4th of March all the 



ON PUBLIC CHARACTERS. 135 

judges were appointed by Mr. Adams, and the commissions 
issued. Tlie individuals selected for these offices were men 
of high standing, and worthy of all confidence. But the 
popular cry was set up, and the measure vehemently con- 
demned by all the Jeffersonian party. The judges were 
called " the midnight judges of John Adams," in allusion 
to the supposed time of appointment, at the close of his 
official duties. It will hereafter be seen what Mr. Jefferson 
thought of this measure. He said, though one can hardly 
credit that he did so, that he regarded all Mr. Adams's 
appointments after the 14th of February, (while the House 
of Representatives were balloting for President,) as abso- 
lutely void. This must be understood to mean, that though 
Mr. Adams was constitutionally President up to the mid- 
night hour of the 3d of March, yet he ought to have sub- 
mitted his will to that of his successor; and should have 
refrained from carrying an act of Congress into effect which 
might not conform to that will. On the same principle, 
Mr. Jefferson withheld the commissions of certain magis- 
trates, whom Mr. Adams had appointed, in the District of 
Columbia. The commissions were made out, and ready 
for delivery, but Mr. Jefferson ordered them to be sup- 
pressed. One of these magistrates (Mr. Marbury) applied 
to the Supreme Court for a writ of mandamus (command) 
to Mr. Madison, the new President's Secretary of State, to 
deliver his commission. But after an able investigation of 
constitutional law, the court did not grant the motion. Mr. 
Jefferson found a commission, duly made out and signed 
by Mr. Adams, appointing a gentleman District Judge in 
Rhode Island. This commission he suppressed, and Mr. 
Jefferson appointed one in ichom he could confide. 

Among his friends, the President was thought to have 
exercised an indiscreet act of mercy in pardoning one John 
Fries. This person was tried at the Circuit Court of the 
United States, held at Philadelphia in April, 1800, on a 



136 FAMILIAR LETTERS 

charge of treason. Samuel Chase, a Judge of the Supreme 
Court of the United States, and tlie District Judge, Peters, 
sat in tlie trial. Judge Chase was a very large, full man in 
person, of very decisive, not to say rough, deportment on 
the bench, though he was regarded as an honest man, and 
a learned lawyer. On this occasion, when the trial began, 
he took the unusual course of having reduced his opinion 
on the law of treason to writing; and made known that this 
written opinion was to be given to the jury, and carried out 
with them; and intimated that the law was settled, (it 
having been before so considered by Judge Patterson, on a 
constitutional construction,) and was not to be argued to the 
jury in the defence. The counsel for the prisoner refused 
to proceed in the defence on these terms, although the 
judge offered to grant any proper process to have his opinion 
re-examined by the Supreme Court. Fries was convicted ; 
and was undoubtedly guilty. The President pardoned him; 
but was thought, in the course of examination which led to 
that result, and in the then alarming state of the country, to 
have made an unfortunate blunder. The trial of Fries was 
afterwards one of the grounds of the impeachment against 
Judge Chase, in the year 1804, before the Senate of the 
United States. 

The "federal" administration of the government of the 
United States terminated with Mr. Adams's four years, on 
the 4th of March, 1801. Whether it would have continued 
longer, if some other man of that party had been Washing- 
ton's successor, can be only matter of conjecture. This 
may perhaps be admitted, that some other man, Thomas 
Pinckney, for example, might have conducted public affairs 
with more prudence and conciliation. Mr. Adams was 
liable to sudden impressions, and was little inclined to 
surrender them under the influence of counsel. He felt 
great confidence in the purity and soundness of his own 
views, and thought the good of the country required that 



ON PUBLIC CHARACTERS. 137 

they should be carried into effect. He failed, probably, in 
testing his own opinions by comparing them with the 
opinions of other men. Such comparison cannot depreciate 
sound opinions, and may often correct erroneous ones. It 
may be, that Mr. Adams had some tendency to be jealous of 
■tlio.se around him, and disposed to apprehend that they meant 
to exercise a control, to which it would be derogatory to sub- 
mit. But this apprehension would not prevent a dignified 
inquiry into the sentiments of others ; nor an adherence to 
his own, if they remained unshaken. It may be too, that 
Mr. Adams over-valued his own services, and importance, 
as a public man ; and was inclined to be his own counsellor 
with more pertinacity than became a person of his know- 
ledge and actual experience. Whatever may have been his 
qualities, this is certain, that he aided the purposes of his 
political adversaries, and disconcerted some of his best po- 
litical friends. It is very possible, therefore, that a more 
discreet man might have continued the federal party in pow- 
er, for another term. But Mr. Jefferson and his partisans 
and newspapers, had made such and so general an impres- 
sion on public opinion, as to demonstrate, that the original 
construction of constitutional power was not destined to 
endure. The control which a certain class of men, in 
this country, are likely ever to have over a majority, leads 
to the conclusion, that they will always impose on such men, 
as constituted the federal party, the duty of forming an op- 
position, or of submitting to a popular despotism. ■ This, as 
history proves, again and again, is the precursor of real des- 
potism. Such seems to have been man's destiny ; and what 
there is, or may be, to exempt Americans from it, is not dis- 
cerned from any experience hitherto had. 

Taking out of the case Mr. Adams's peculiarities, the 

measures of his four years were honorable and useful to the 

country; incomparably more so (as will be proved) than 

those of the next eight years. If the purpose of establishing 

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138 FAMILIAR LETTERS 

a national constitution was to maintain the honor, dignity, 
and independence of the United States, with foreign powers ; 
to preserve peace and security within our own hmits ; to pro- 
vide for the pure and able administration of justice ; and to 
use all the powers delegated as they were used the first eight 
years, that is, for the good of the whole, and not for the ben- 
efit of a party, the federal administration under Mr. Adams 
accomplished these purposes. 

As to foreign powers ; a good understanding was preserved 
with England. A favorable treaty was made with Tripoli. 
The former connexion with France was annulled, and pro- 
vision made for defending the country, and for maintaining 
its rights by force. These efforts were successful ; hostilities 
soon ceased, and a favorable convention, or treaty, was ef- 
fected. The prosecution of the war was in a spirit well 
worthy of the national honor, while it continued. The proper 
measures were adopted to preserve interior tranquillity ; and 
to prevent the threatened dominion of deluded, or mischiev- 
ous factions. A faithful performance of duty as to the pro- 
motion of all those objects which constitute domestic welfare, 
and prosperity, is apparent from the various statutes which 
were passed. Among others there was an act establishing 
a uniform system of bankruptcy, which the Jeffersonian ad- 
ministration permitted to expire. The naturalization of 
aliens was placed on a rational and safe basis. The judi- 
ciary was carefully revised, and a system for the adminis- 
tration of justice was arranged, founded on the experience 
of several years, and having a prospective bearing on the 
probable exigencies of the country. The navy was advanced 
and placed on a respectable footing; and has now become 
an object of popular favor. In short, a more energetic, pure, 
and patriotic exercise of constitutional power, could neither 
be expected nor desired. 

But, this exercise of the power of government necessarily 
involved expense. It was necessary to resort to loans, and 



ON PUBLIC CHARACTERS. 139 

to internal taxation. These were causes of declamation, 
and reproach ; and were most faithfully availed of, to make 
the administration, and especially Mr. Adams, odious in 
popular estimation. Thus it appeared then, as it has done 
ever since, that the adroit and cunning who rule the multi- 
tude, may do what they will ; and burthen the country to 
any extent, involve it in hopeless war, and pervert all its 
institutions at their pleasure, and yet, all is well. " The 
friends of the people" can do no wrong. 



LETTER XXXI. 

May 21, 1833. 

On the 14th of December, 1799, General Washington 
died, after a short illness. On Friday, the 13th, he had been 
exposed to a light rain ; and his hair and neck became wet. 
He followed his usual occupations, within his house, during 
the afternoon and evening, without any indisposition. In 
the following nicrht he was affected by a general ague, and 
with a difficulty in swallowing ; but no apprehension was 
then entertained that he was seriously ill. At eleven the 
next day physicians attended, who found all their skill was 
required. The disorder in the throat was seen to be an af- 
fection of the wind-pipe, usually called the croup. Every 
effort was made to rescue him from the attack, and he pa- 
tiently submitted to all the prescriptions of his attendants. 
Perceiving, before the close of the day, that his recovery was 
beyond hope, he desired to be relieved from any further ef- 
forts, and to take his position on his bed. There, with per- 
fect calmness and resignation, he remarked to a friend, that 
he had known for sometime, that he was dying, but that he 
was not afraid to die. At eleven o'clock, the same evening, 
he expired. 



140 



FAMILIAR LETTERS 



The decease of Washington was apparently a cause of 
universal mourning. That portion of the citizens who had 
always held hiin in the highest respect and honor, were sin- 
cerely mourners, while those who had felt his example, and in- 
fluence, to be a restraint on their purposes, could join in the 
general grief with pleasure. The most respectful demonstra- 
tions of the national loss, were everywhere shown. The halls 
of Congress were hung with black, and General Henry Lee, 
of Virginia, was appointed to deliver a eulogy before the 
House of Representatives. The state legislatures expressed 
their respect for the conduct and character of Washington, 
by appointing orators to commemorate him, or by such other 
testimonials as the occasion called for. Various societies, 
of which Washington was a member, appointed eulogists. 
Fisher Ames and George R. Minot were among the orators 
in Boston. It is worth remarking, that the general senti- 
ment of respect and affection for this eminent man, was so 
exalted, that few of the orators did, or could, come up to the 
demand. The feeling of these public speakers was, and 
must have ])een,that of deep veneration, a feeling not adapt- 
ed to bring forth the touching expressions which would be 
grateful to a numerous audience. Washington's character 
was rather to be contemplated, then talked of. He was to 
be estimated by comparison with other -men, and a eulogy 
does not permit of this. His eminent worth was to be found 
in no one brilliant act, nor in any remarkable achievements, 
but in a whole life of useful, dignified, and honorable ser- 
vice. Most of the eulogists were compelled to resort to bio- 
graphical sketches, which do not admit of much eloquence. 
Even Mr. Ames did not succeed, in this effort, so well, as 
the undefined expectation of his audience required. The 
enthusiasm of the French better adapts oratory to funeral 
eulogy, than the good sense and sobriety of Englishmen, or 
Americans. Such efforts are rarely attempted in England, 
though common in France. 



ON PUBLIC CHARACTERS. 141 

In Congress, a resolve was passed to raise a monument in 
the city of Washington, and application was made to Mrs. 
Washington for permission to deposit beneath it the remains 
of her luisband. This lady assented. But tlic resolve itself, 
is the only monument hitherto raised ; and the remains of 
Washington repose in the family tomb at Mount Vernon, 
and are there to remain, so far as can now be discerned. 
The more lengthened the remove from Washington's life- 
time, the less, it is feared, will Washington be remember- 
ed. , Probably a large proportion of the adult population 
of the United States hardly know, who or what he was ; 
and there may be some voters who know not that there 
ever was such a man. The intelligent people of other 
countries seem to know more of Washington, and to 
respect his character more, than is common among his 
own countrymen. His military and civil example, and 
his eminent virtues as a man, have given him a rank in 
foreign estimation, which make manhind proud of him. If 
his own countrymen have forgotten him, or if certain self- 
stamped patriots so misunderstand his character, as to call 
themselves his disciples, it is grateful to know that the in- 
telligent of other countries are better informed. 

It might have been expected, that a grateful nation would 
have demanded of Congress, to adorn the city, that bears the 
name of Washington, with such a monument as would illus- 
trate the sense of his merits. Since March 4, 1801, that 
assembly have had too much business of their own to attend 
to, to think much of that which is purely public, and free 
from party. Marshall has raised one monument by his able 
pen. Another is preparing through the indefatigable indus- 
try of Mr. Sparks. The latter is a judicious selection from 
the voluminous writings of Washington, designed to show 
the state of his own thoughts, in the most eventful and inter- 
esting periods of his life. Two volumes, the 2d and 3d, have 
appeared, and are understood to have satisfied the public 



142 FAMILIAR LETTERS 

wishes, and to have fully sustained the high reputation of 
Mr. Sparks. But these are monuments for readers. The 
national monument should rise for every eye, and that all 
who behold it, may be reminded of him to whom they are 
far more indebted, than to any other man, for civil liberty ; 
and which may keep alive the desire to know under what 
circumstances, and for what purposes, he lived. The mar- 
ble is now submitted to the masterly genius of Grcenough, 
and the capitol may be adorned with it in time to be a 
mournful sarcasm on the life and character of him, who is 
intended to be commemorated. 



LETTER XXXII. 

Mav 27, 1833. 

Mr. Jefferson left the office of Secretary of State, 
December 81, 1793, and remained at Monticello, till called 
to the Vice Presidency, in March, 1797 ; although in retire- 
ment, he was not inattentive to transactions at the seat of 
government. The proof of this is found in the letter written 
by him to an Italian, named Mazzei, under date of 24th of 
April, 179G. This Italian had come over to America, under 
the expectation of being able to cultivate the vine, in Vir- 
ginia, and had chosen Mr. Jefferson's neighborhood for his 
purpose. An intimacy appears to have grown up ; and 
Mazzei having returned to Florence, Mr. Jefferson wrote to 
him, as may be presumed, in the utmost confidence; and 
disclosed his own views of Washington's administration. 
This letter appears to have been carefully, not to say stu- 
diedly, written. Whether the writer intended it should be 
published or not, it is not easy to decide. Perhaps he 
intended it should be, and to take the good or evil of the 



ON PUBLIC CHARACTERS. 143 

publication. Its contents, when compared with the animad- 
versions which appeared in Freneau's paper, and also in 
Bache's, very clearly prove, that these must have had Mr. Jef- 
ferson's hearty concurrence. This letter was publislied in the 
Moniteur of Paris, on the SSth of January, 1798, with many 
commentaries. Thence it came to this country, and was 
published here. It excited great attention among both par- 
ties. The partisans of Mr. Jefferson were not so far devoted 
to France, as to relish so unqualified a denunciation of the 
administration of their own country. They had no resource 
but to consider it a malignant forgery, designed to disparage 
Mr. Jefferson. From him, nothing was heard on the sub- 
ject. The federal party had no doubt of the authenticity 
of the letter. They understood well, the views and purposes 
of this gentleman, and saw, in this letter, a perfect accord- 
ance therewith. The letter was as follows :* 

(From the Paris Moniteur, a French official paper, of the 25th of 
January, 1798. tj 

" MoNTicELLo, April 24, 1796. 
" Dear sir, 

" Our political situation is prodigiously changed since 
" you left us.| Instead of that noble love of liberty, and 

* Since this page was written, a very able analysis of Mr. Jeffer- 
son's attempts to explain away this Mazzei letter, has appeared in 
the " History of the Hartford Convention," by Tlieodore Dwight ; see 
pages 23 to 3.5. This attempt at explanation, was not published in 
Mr. Jefferson's lifetime, but is found in his volumes. Whoever 
reads Mr. Dwight's analysis will be satisfied, that Mr. Jefferson's 
effort, on tlais occasion, to preserve liis fame as a fair, plain-dealing 
man, has been very far from successful ; and that if he intended his 
letter should find its way to the press, he made a blunder; and if he 
did not, he was chagrined by the publication. 

t This letter, literally translated, is addressed to Mazzei, author of 
Researches, Historical and Political, upon the United States of Ameri- 
ca, resident in Tuscany. 

t It does not appear when Mazzei came, nor when he left the United 



144 FAMILIAR LETTERS 

" that republican government, which carried us through 
"the dangers of the war, an Anglo-Monarchic-Aristocratic 
" party has arisen. Their avowed object is to impose on 
" us the substance, as they have already given us the form 
" of the British government. Nevertheless, the principal 
" body of our citizens remain faithful to republican princi- 
" pies, and also the men of talents. We have against us 
" (republicans) the Executive power, and the Judiciary; 
" (two of the three branches of our government;) all the 
" OFFICERS of government, all who are seeking for offices, 
" all timid men who prefer the calm of despotism to the 
" tempestuous sea of liberty ; the British merchants, and the 
" Americans who trade on British capital, the speculators, 
"persons interested in the Bank, and public funds : [Esta- 
" blishments invented with views of corruption, and to 
" assimilate us, to the British model, in its corrupt parts.] 

" I should give you a fever if I should name the apos- 
" TATES, who have embraced these heresies, men who were 
" Solomons in council, and Samsons in combat, but whose 
" hair has been cut off by the whore of England. They 
" would wrest from us that liberty, which we have obtained 
" by so much labor and peril ; but we shall preserve it. 
" Our mass of weight and riches is so powerful, that we 
" have nothing to fear from any attempt against us by force. 
" It is sufficient that we guard ourselves, and that we break 
" the LILLIPUTIAN TIES by which they have bound us, in 
" the first slumbers that succeeded our labors. It suffices 
" that we arrest the progress of that system of ingratitude 
" and injustice towards France, from which they would 
" alienate us, to bring us under British influence." 



States. It is probable, from (he tenor of tliis letter, that both these 
events happened before the adoption of the Constitution. If so, it 
shows that Mr. Jefferson preferred the condition, antecedent to the 
adoption. 



ON PUBLIC CHARACTERS. 145 

It is obvious, that in 1796, while Mr. Jefferson was a 
private citizen, he had no means of keeping himself in view, 
but by private conversation and correspondence. This let- 
ter, compared with others of his, seems to have been written 
for effect; the concluding paragraph, especially, was adapted 
to the meridian of Paris, and there it may have been 
intended to go, and there it did go. Would any gentlcmmi 
have ventured to make such a letter public, without some 
intimation from the writer, that such use of it would be 
agreeable to him ? 

Yet it seems that the publication of this letter greatly 
disconcerted Mr. Jefferson. He shows his trouble in a 
communication to his friend, Mr. Madison. Now as Mr. 
Jefferson takes the greatest pains to prove, that he always 
retained the good will of Washington, whose honorable 
fame he had not been able to demolish, but had found it 
necessary to sustain his own by showing that Washington 
thought well of him, it was indiscreet to publish this letter 
to Mr. Madison. In truth, it is wonderful that Mr. Jefferson 
should have prepared such matters for publication as his 
volumes contain ; more wonderful, that his surviving friends 
should have published from his own pen, a confirmation of 
all the political blunders which federalists charged him 
with. Nor of such blunders only : for as to the true ehar- 
acter of the man, these volumes contain the proof of facts, 
which, but for them, would have rested much on probability 
and inference. In this letter to Mr. Madison, (August 3, 
1797, vol. iii. p. 3G3,) after an ingenious commentary on 
what he did mean in his letter to Mazzei, he says, " Now it 
" would be impossible for me to explain this publicly, witJi- 
" out bringing on a personal difference between General 
" Washington and myself, which nothing, before the publi- 
" cation of this letter, has ever done. It would embroil me 
" also, with all those with whom his character is still popu- 
" lar, that is to say, with nine tenths of the United States. 
13 



146 FAMILIAR LETTERS 

" And what good would be done by avowing the letter with 
" the necessary explanations ? very little, indeed, in my 
" opinion, to counterbalance a great deal of harm. From 
" my silence, in this instance, it cannot be inferred, that I 
" am afraid to own the general sentiments of the letter. If 
" I am subject to either imputation, it is to avowing such 
" sentiments too frankly both in private and public, often 
" when there is no necessity for it, merely because I disdain 
" EVERY thing LIKE DUPLICITY. Still, howcver, I am open 
" to conviction. Think for me on the occasion, and advise 
" me what to do, and confer with Colonel Monroe on the 
" subject." 

It does not appear, that these two counsellors were able to 
relieve their friend from his distress; though it does appear 
that he never afterwards ventured to see Washington, or 
went to Mount Vernon but once afterwards, and then for 
the purpose o^ weeping at his tomb. 

It is probable, that Mr. Jefferson felt the full weight of 
the embarrassment of reconciling this Mazzei letter, with 
his solemn declarations in the Senate chamber ; and with 
his oath there taken, that he would support the same con- 
stitution, notwithstanding he told Mazzei that it was lilli- 
putian ties, and the substance and the form of the British 
government. These declarations were made, and this oath 
taken, within a year before this letter was published in the 
United States, and within a year after that letter was 
written. 
Extract from tlie Inaugural Address of Mr. Jefferson, when inducted 

into the office of Vice President of the United States, March 4th, 

1797. 

" I might here proceed, and with the greatest truth, 
" to declare my zealous attachment to the constitution oj" the 
" United States ; that I consider the Union of these states 
" as the first of blessings ; and as the first of duties, the pre- 
" servation of that constitution which secures it ; but I suppose 



ON PUBLIC CHARACTERS. 147 

" these declarations not pertinent to the occasion of entering 
" into an office whose primary business is merely to preside 
"over the forms of this house; and no one more sincerely 
" prays, that no accident may call me to the higher, and 
" more important functions, which the constitution cventu- 
" ally devolves on this office. These have been justly con- 
" fided to the eminent character who has preceded me here, 
" whose talents and intcgriti/ have been hnown and revered 
" by me, through a long course of years ; have been the 
" foundation of a cordial and uninterrupted friendship 
" between us ; and I devoutly pray he may be long pre- 
" served for the government, the happiness, and prosperity 
" of our common country." 

Now compare these sentiments with the real ones enter- 
tained by Mr. Jefferson, concerning the constitution and 
Mr. Adams, as confidentiedly expressed in Mr. Jefferson's 
volumes, and the true character of the man, in public, and 
in private, stands forth, stripped of all masks and disguises. 
" But, (say Jefferson's partisans,) admit all these facts ; call 
" them contrivances, duplicities, and frauds, if you will; did 
"not Jefferson demolish ycf/craZ/sm.^ " He did. But the 
question is, did he do good to his country by that ; or only 
to HIS PARTY? If only to the latter, (if good it can be 
called,) do the members of his party approve the means which 
he used ? If they do, they should not claim for Mr. Jeffer- 
son sentiments due only to the just and pure. It may ap- 
pear, on further examination of Mr. Jefferson's public life, 
that no man has lived in the United States who has done so 
much to be lamented as done by him. It may appear, that 
he did no good even to his party, if they are intelligent and 
worthy citizens of a free republic. The good which Mr. 
Jefferson did for himself may be tested by this : Who would 
have had that good, and that character of himself, which 
Mr. Jefferson has published and submitted to the world ? 

When Mr. Jefferson came to Philadelphia, in March, 



148 FAMILIAR LETTERS 

1797, he was about fifty-four years of age. His personal 
appearance, as now recollected, was this : He was a tall man, 
over six feet in stature ; neither full nor thin in body. His 
limbs were long, and loosely jointed. His hair was of a 
reddish tinge, combed loosely over the forehead, and at the 
sides, and tied behind His complexion was light or sandy. 
His forehead, rather high and broad. His eye-brows long 
and straight ; his eyes blue, his cheek-bones high, his face 
broad beneath his eyes, his chin long, and his mouth large. 
His dress was a black coat, and light under-clothes. He 
had no polish of manners, but a simplicity and sobriety of 
deportment. He was quiet and unobtrusive, and yet a 
stranger would perceive, that he was in the presence of one 
who was not a common man. His manner of conversing 
was calm and deliberate, and free from all gesticulation ; 
but he spoke like one who considered himself entitled to 
deference ; and as though he measured what he said by 
some standard of self-complacency. The expression of his 
face was that of thoughtful ness and observation; and, cer- 
tainly, not that of openness and frankness. When speaking, 
he did not look at his auditor, but cast his eyes towards the 
ceiling, or any where but at the eye of his auditor. He had 
already become a personage of some distinction, and an 
object of curiosity ; even to a very young man. These per- 
sonal descriptions are from memory, after the lapse of many 
years, and may not accord with those of persons, who had 
more, and better opportunities to observe ; and are not, 
therefore, offered with confidence, that Mr. Jefferson is here 
in all respects, justly described. 

During his vice-presidency, Mr. Jefferson was employed, 
as usual for that officer, in the Senate. It does not appear 
that the Vice President was ever called to cabinet meetings 
in Washington's time ; or that Mr. Jefferson was ever called 
to such meetings in the presidency of Mr. Adams, or ad- 
vised with by him in any way. One of his volumes shows that 



ON PUBLIC CHARACTERS. 149 

he continued his correspondence, especially with Mr. Madi- 
son, who was carefully advised of congressional proceedings. 
Of his letters, Mr. Jefferson must have kept copies, (which 
is not supposed to be a common practice in familiar corres- 
pondence,) perhaps with intention to make them public, as 
he has done. This is an unusual course, because the par- 
ties written to have an interest in that matter. Mr. Madison, 
Mr. Giles, Mr. Monroe, Dr. Rush, and others, derive no 
benefit from the publication of Mr. Jefferson's letters to 
them. He compiled a small volume of rules, for the govern- 
ment of the Senate. It is called Jefferson's Manual, and 
is a work of authority, and much respected. 

The very " great services" which he rendered in these 
four years, (as stated on his application to the Virginia 
legislature for leave to sell his estate by lottery,) in " making 
head against federalism," are not recorded in his copies of 
letters of his time, as one naturally expects to find them to 
have been. Nor are these " services " specially noticed as hav- 
ing been rendered within this time, though he considers them 
(on the occasion before mentioned) as the most important 
achievement of his political life. In this, as in some other 
instances, there is some ground for suspecting Mr. Jefferson 
of having resort to after thoughts, when it was convenient 
to do so, to meet present emergencies. Whether this was 
so, or not, readers will have opportunity to form their own 
opinions. 



13* 



150 FAMILIAR LETTERS 

LETTER XXXIII. 

June 1, 1833. 

No man has appeared in the United States in the last 
fifty years, whose character, public and private, has been so 
differently estimated as that of Thomas Jefferson. By some 
persons he has been considered as one of the most pure, 
amiable, dignified, wise, and patriotic of men. By others 
he has been considered, as remaikably defective in the 
qualities which dignify and adorn human life ; and as one 
of the worst men, and most wrong-headed statesmen that 
ever lived. As Mr. Jefferson was neitlier a military man, 
nor an orator, nor public speaker at all, and had only, as 
means of influencing others, conversation and his pen, he 
acquired an astonishing ascendency over the American 
people. Readers will judge for themselves, which of these 
parties was right, and which was wrong. The present object 
is to exhibit Mr. Jefferson as he has seen fit to exhibit him- 
self, taking the product of his own pen, as the principal 
guide. He is his own voluntary witness ; and it is an in- 
flexible rule, that every man makes the best of his own case ; 
and that no evidence is so strong as one's own admissions. 
Mr. Jefferson employed himself in preparing the materials 
for a work, which he intended to have published to the world. 
He so employed himself, not in the hurry of the official 
scenes, in which he had been long engaged ; but in the 
calmness of retired life ; witli the benefit of retrospection, 
and with the consciousness tliat he had a defence to make. 
If not so, then with the belief that he deserved a better fame, 
than might be allowed to him, if lie did not plead his own 
cause. 

Before Mr. Jefferson is judged of, on the evidence which 
he has furnished himself, it may be proper to recognise some 



ON PUBLIC CHARACTERS. 151 

rules to be applied in estimating character. There are 
certain qualities which entitle a man to his own self-respect. 
He desires to be considered, by others, as having these 
qualities. Among these are, regard for the truth ; for no 
man endures the charge of mendacity. Every one desires 
to be considered honest; for, to be even suspected of dis- 
honesty, is to lose all just pretensions to esteem in the social 
relations of life. A gentleman desires to be considered as 
above all propensity to abuse the confidence, which the 
common intercourse of society requires. That which men 
express in the friendly and social circle, in the fulness of 
the heart, and without a suspicion of malicious use of what is 
so expressed, and with the certainty of freedom from all 
deliberate misrepresentation, is ever held, by gentlemen, to 
be sacred. If this were not so, the intercommunication of 
thought, must be excluded from social life, and every one 
must speak as though in the presence of his enemies. 
Among well informed and polished men, there is a rule which 
approaches near to the golden one, "Do as you would be 
done by," even though one feels no respect for the authority 
from which it comes. There is a class of high-minded men 
in society, who add to the acknowledged law of honor, the 
sanction of Christian duty, which demands candor, charity, 
forbearance; and who consider the rule, above-mentioned, 
as intended to be the best which can be prescribed, because 
it is founded in the human heart. 

Statesmen in a republic, who are called to the perform- 
ance of a public trust, are presumed to know, that they un- 
dertake such trust, under a very solemn obligation to execute 
it according to prescribed rules. They may misunderstand 
these rules. If they do, they have not the capacity which 
the trust implies. They may misapply these rules; if so, 
they have not the intelligence which they assumed to have, 
when they bound themselves to observe them. They may 
intentionally pervert these rules, or substitute their own will 



152 FAMILIAR LETTEUS 

for them ; if so, they are false and fraudulent. As all men 
in office are merely agents for constituents, they are held to 
account for capacity, intelligence, and fidelity. While they 
live, their constituents have the remedy of finding worthier 
agents, by the peaceable remedy of elections. When they 
have passed away, there is no earthly tribunal but that of 
public opinion. No man, not even the malefactor who dies 
by the halter, is regardless of what will be said of him, when 
he is dead. This sensibility is, doubtless, one of the pro- 
visions of man's Creator, to keep him in the path of his 
duties. 

With Mr. Jefferson's private life, there is no call to inter- 
meddle, excepting so far as it is inseparably connected with 
his public life. There must always be two classes of public 
men in a free elective government. One of them holds 
political and social life, to be ordained by the Deity ; that 
man's natural propensities and wants, properly regulated, 
were intended to prompt him to secure to himself the greatest 
good which he can have; that the establishment of wise 
rules, and the fiiithful observance of them, in all social and 
political relations, secure to rulers and to the ruled, the best 
condition which they can have. This class also holds, that 
all official station is a mere trust to be executed wisely and 
honestly for the common welfare. Those who are called to 
this trust, hope for the esteem and respect of their constitu- 
ents ; if they fail to obtain these, they cannot be deprived of 
the consciousness of having deserved them. 

The other class see in human society, only the means of 
satisfying the worst cravings of the human heart. They 
seek dominion, not for the common welfare, but for them- 
selves. They use the rules established for the general good 
to secure that dominion. They know that they must have 
adversaries in the first mentioned class, and in all who sup- 
port that class. These adversaries collectively, and in- 
dividually, must be traduced, calumniated, and made odious. 



ON PUBLIC CHARACTERS. 153 

To their leaders must be denied talents and integrity. They 
must be accused of the basest designs. The sovereign people 
must be made to believe these criminations. To this end, 
any fraud, cunning, perversion, or machination, is justifiable. 
Private intercommunication, the public press, assuming to 
be friends and protectors of the people against their enemies, 
and to be the mere instruments of executing a popular will, 
which they create themselves, are the well known means. 
Why should not the great mass of the community be de- 
ceived, by such means ? They hear and read, only as these 
crafty politicians order. Why should they not believe what 
their best friends tell them for truths ? To what an anxious, 
miserable servitude do these politicians condemn themselves! 
Some of them prosper, it is true, to the end of life ; but in 
general, they are found out, and they close their career with 
sorrow, and disgrace. 

Among this great political class, there are prominent men, 
who have acquired the sincere belief, (from the habit of con- 
templating the acts, and designs of adversaries, in ])eculiar 
lights,) that the country cannot be safe in any hands but 
their own. They see through a distorting medium, but are 
honest in their views. Then there is a portion who are 
sincerely republican, as they understand the matter, who 
feel, rather than reason, on the political system, and who 
are liable to great mistakes. Then there is the class who 
misunderstand the meaning of " liberty and equality," and 
the order of society ; and who think any order must be 
wrong, which does not place them in positions as desirable 
as those which they see others to have. Then there are 
the inasfer spirits who know how to excite, regulate, and 
control all these classes. To this combination, add the 
leven of party feeling, made up of hopes and fears, partiali- 
ties and enmities, confidence and jealousy, ambition and 
avarice, and one comes to the dominant power in most 
popular governments. This power vehemently maintains, in 



154 FAMILIAR LETTERS 

words, the excellence of civil liberty ; and conducts, hy acts, 
inevitably to despotism. To this condition Americans seem 
to be hastening, notwithstanding they have the advantages 
of schools, means of instruction, and a free press. 

At first view, it strikes one with astonishment, that the 
great mass of citizens, who suffer most from the errors of 
ignorant rulers, or the frauds of dishonest ones, should sus- 
tain and applaud both of these classes of politicians. But 
one ought rather to be astonished, that a government which 
is conducted merely on party dominion, has continued as 
long as it has. Let any man examine into the true state of 
information in any city, town, or village, in the United States, 
and satisfy liimself as to the sources of information which he 
finds there ; and he cannot wonder at the opinions which 
are prevalent, nor doubt as to the motives by which they are 
imparted. He may lament, as he will, that such opinions 
exist, but he can no more change them by stating truths, 
than he can change the stature of those who entertain them, 
by wishing to do it. 

Whether JMr. Jefferson belonged to tlie honorable, high- 
minded, and intelligent order of statesmen, or to the man- 
aging, contriving, and unprincipled class of politicians, it is 
not assumed to decide. But it is intended so to arrange the 
materials, (furnished by himself) for forming a judgment, 
as to enable otliers to decide for themselves. There is no 
reason why Mr. Jefferson should be exempted from appear- 
ing before that tribunal at which he has arraigned so many 
of his eminent countrymen. Is there, (to use one of Mr. 
Jefferson's favorite words,) a sacrosanct protection, or pano- 
ply for him, and for no other man? If so, is it found in his 
virtues, in his example, in his science, in his philosophy, in 
his religion, in his public services, his political wisdom and 
fidelity ? Let Mr. Jefferson speak for himself But why 
should the repose of the dead be disturbed ? If Mr. Jefferson 
had lived out his term, and left his fame to history, as Wash- 



ON PUBLIC CHARACTERS. 155 

ington, Jay, Adams, and others have done, he would not 
have been now a subject of commentary. If he liad left for 
publication his claims to the respect and gratitude of his 
countrymen, without interfering with the like claims of 
other men, history would have only to deal with him, as 
with other men. 

But when it comes to this, that in striving to uphold and 
honor his own fame, he attempts to deprive all his contem- 
poraries, who were not of his own school, not only of the 
ordinary respect and consideration to which men in public 
life may be supposed entitled, but to brand them as conspir- 
ators, and traitors, is he to go unanswered ? If it be said 
that history will do justice, will it not also be asked, where 
were the survivors of those who were charged with misde- 
meanors and crimes ? Where were their sons and descend- 
ants ? Why were they silent in their time ? Have they not 
pleaded guilty by their silence, to all the criminations of 
Mr. Jefferson, both as to themselves, and their fathers 1 

It is not to present Mr. Jeffer.son in unfavorable lights, 
that these pages concerning him are written ; but to show 
the true value of his testimony against others. If he had 
left the federalists to be judged of, when he left the earth, 
without his testimony against them, they would have had no 
cause of complaint against him. Ilis public acts, and their 
public acts, remain recorded. These would have been ex- 
amined, as the proper authorities, for the estimation of his 
merits, and of their merits, as public agents. The bitter- 
ness of party feeling, the personalities and enmities of adver- 
saries, would not have appeared in these records. Time 
would have obliterated all memory of them. It is, then, a 
surprising and sorrowful fact, that a retired President of the 
United States should have gathered the memoranda of his 
own unkind feelings, the tattle of his associates, the hearsay 
of excited partisans, the minutes of private and confidential 
intercourse, among guests invited to his own table, and 



156 FAMILIAR LETTERS 

dignify them with the title of "Memoirs and Writings 
of Thomas Jefferson ! " This would only have been the 
subject of regret and pity, if it could be so understood in 
distant times, as it, probably, now is, by a great majority of 
all who have read these writings. But these writings will 
continue, and may be considered true, when those men- 
tioned in them, will not be known as they were known 
while they lived. It is then a duty, and one of which the 
performance is demanded by truth, justice, and patriotism, 
to weigh the worth of Mr. Jefferson's testimony. 

In contemplation of his posthumous work, Mr. Jefferson 
says, under date apparently of February 14th, 1818, (vol. iv. 
p. 443,) " At this day, after the lapse of twenty-five years, 
" or more, from their dates, I have given to the whole a 
"calm revisal, lohcn the passions of the time have passed 
" away, and the reasons of the transactions act alone on the 
"judgment. Some of the informations I had recorded, are 
" now cut out from the rest, because I have seen that they 
" were incorrect, or doubtful, or merely personal, or private ; 
" with which we have nothing to do." We are, therefore, 
to take all that Mr. Jefferson retains to be correct, free from 
doubt, and neither personal nor private ; and also to be that 
which Mr. Jefferson intended for the world after " calm 
revisal." 



LETTER XXXIV. 

June 5, 1833. 

The perusal of Mr. Jefferson's writings raises the very 
difficult question, What was his motive for preparing them, 
and leaving them for publication 1 

Did the writer, in this case, m'ean only to vindicate him- 
self against aspersions made in his lifetime; or against 



ON PUBLIC CHARACTERS. 157 

calumnies which might arise after he was gone? Did he 
mean to arrogate to himself pre-eminent merit, as a citizen 
and statesman ? If so, was it necessary to his purpose to 
deny all merit to contemporaneous adversaries ? Was it 
necessary to impute to these adversaries deliberate wicked- 
ness, long cherished and persevered in ? If he thought 
such a course necessary or proper, liow should it have hap- 
pened that he so managed the matter as to have furnished 
to these adversaries, all the proofs which they could desire, 
of the errors and wrongs which they had imputed to him ? 

The only candid answer that can be given to such in- 
quiries is, that Mr. Jefferson entertained very erroneous 
opinions of himself, and of others, and of the nature of 
society. It is the more to be regretted, both for himself, 
and his country, that he was perfectly sincere in what he 
said and did ; and believed himself to be what he professed 
to be. But, from his self-education, and the course of his 
studies, from the natural turn of his mind, his percep- 
tions of his fellow men, and the natural and necessary laws 
of society, it is probable that he had formed rules of right 
and wrong, adverse to those commonly received. It is also 
probable, that Mr. Jefferson did not always respect the rules 
of moral action, which those who live according to Chris- 
tian precepts, are supposed to observe. It was doubtful, 
at least, before Mr. Jefferson's books appeared, whether he 
had any sound opinions on civil government ; and whether 
he understood the true meaning of the political institutions 
under which he lived. His books have had no tendency to 
affect these doubts favorably to him ; certainly none to prove 
that he was wise and useful in his application of tlie rules, 
which the supreme law of the land prescribed to him. 

There is good reason to believe, whatever Mr. Jefferson 
may have said of constitutional rules, that he thought him- 
self under no obligation to observe them, whenever he found 
them inconsistent with his own views of expediency. That 
14 



158 FAMILIAR LETTERS 

he supposed a deliberate and solemn establishment of a 
form of government, intended by one generation for their 
own welfare, and that of all succeeding ones, until changed 
with the like solemnities, bound only the generation by 
which it was established. That being selected to be the 
chief ruler, by the people, he was the proper organ for ex- 
pressing their will, " lilliputian ties " notwithstanding. 
That even in this political latitudinarianism, if he did not 
like the motive which he had assigned for any act done by 
him, he was at liberty to assign any other, adapted to a 
present exigency. If Mr. Jefferson's writings show that 
such were his opinions, it does not necessarily follow that 
he was intentionally wrong. It only shows that such was 
the character of the man. How faj he has maintained his 
claim to the respect and gratitude of his countrymen, as 
" the great and good Mr. Jefferson," is quite another matter. 
With no part of Mr. Jefferson's life, before he became an 
agent for the United States, is it intended to interfere. His 
services to his native state, his fellow citizens there will 
estimate. At the age of forty-one, (in 1784) he departed 
from the United States, to represent his country at the 
French Court. He had, before that time, written his 
" Notes on Virginia," in which he had expressed some 
opinions tending to show, that he might be prepared to re- 
gard, with complacency, the doctrines which prevailed 
among certain philosophers. These men, (Voltaire, Rous- 
seau, D'Alambert, Diderot, and others,) as is well known 
from their lives and writings, had expressed a total disre- 
gard of some precepts, which other men, commonly reputed 
to be wise and virtuous, held in high respect. While he 
was there, the French Revolution began ; and it is in no 
wise discreditable to Mr. Jefferson, that he expected from it 
a political and social renovation, which no country could be 
more in need of than France. In this fermenting region, 
Mr. Jefferson remained until the close of 1789, and then 



ON PUBLIC CHARACTERS. 159 

came home. Meanwhile the national government had been 
established, and he had been invited, by President Washing- 
ton, to take the place of Secretary of State, which he did, 
at New York, on the 22d of March, 1790. 

Mr. Jefferson had never approved of the constitution. 
He came into place with an honest and decided dislike of 
some of its powers. He came in also, with an equally 
honest and inveterate hostility to England; and with a zeal- 
ous devotion to the revolutionary measures of France. He 
had, no doubt, such recollection of English measures during 
the war, and while he was Governor of Virginia, as may 
have been a full justification, in his own mind, for all the 
opinions which he entertained. The necessity, and the 
utility, of the changes going on in France, were also sober 
convictions. Many other men, quite as honest and clear- 
sighted as Mr. Jefferson, thought as he did, as to France, at 
that time. Whether he carried into public policy his hostility 
towards one nation, and his affectionate attachment to 
another, so thoroughly as to lose all consideration for the 
interests of his own country, is a question on which there 
were two opinions among his countrymen. 

Mr. Jefferson found Alexander Hamilton at the head of 
the treasury, Henry Knox at the head of the war depart- 
ment, and Edmund Randolph, Attorney General, and these 
persons, with himself, were the constitutional advisers of the 
President. It is probable that this selection was made to 
inspire confidence in the administration. Hamilton was 
much esteemed in the state of New York, wherein there 
was a strong minority against the constitution. Knox was 
highly esteemed in Massachusetts, where there was also a 
strong minority. From Virginia, where the like opposition 
was vehemently manifested, it was, perhaps, deemed ex- 
pedient to take two members of the cabinet, both of them 
men of distinction, and one of them eminently so ; and both 
of them well known to have been adverse to the constitution. 



160 FAMILIAR LETTERS 

It may have been the intention of the President to have, in 
his councils, both sides of the case. 

It is well proved, that from the beginning .Mr. Jefferson 
and Colonel Hamilton had very different views of expedi- 
ency ; equally well proved, that these gentlemen became 
personally opposed, if not personal enemies, and so much so 
as to call for the interference of the President to attempt a 
reconciliation. Here may, perhaps, be found one of the 
causes of the political conduct of Mr. Jefferson, and some 
of his motives for the declarations, as to Hamilton, which ap- 
pear in Mr. Jefferson's writings. 

The reproach which Mr. Jefferson, again and again, casts 
upon Hamilton, is, that he was a monarchist, and devoted to 
the British interest. At the distance of more than thirty 
years from the time, in which the scenes which he discloses 
occurred, and more than twenty years after Hamilton was 
dead, Mr. Jefferson intended the publication of the casual 
confidential remarks of Hamilton, with such coloring, prob- 
ably, as may have best suited his purpose. The point on 
which Mr. Jefferson seems to have founded Hamilton's 
political turpitude, was the proposal, and the support, of the 
" funding system," and the bank. This appears to have 
been considered, by Mr. Jefferson, as a corrupt design to 
assimilate the government of the United States to that of 
England, and gradually to introduce the political system of 
that country. The following are some of the many similar 
passages which are found in Mr. Jefferson's books, as pub- 
lished since his decease : 

Vol. iv. p. 450. " Hamilton was not only a monarchist, 
" but for a monarchy bottomed on corruption." 

Same page. While Washington was absent, Jefferson 
invited the members of the cabinet, and Mr. Adams, to dine 
with him, to consult on Genet's movements. After dinner 
Mr. Adams said, "Purge the (British) constitution of its 
" corruption, and give to its popular branch equality of rep- 



ON PUBLIC CHARACTERS. 161 

" resentation, and it would be the most perfect constitution 
" ever devised by the wit of man." Hamilton said, " Purge 
" it of its corruption, and give to its popular branch equality 
" of representation, and it would become an impracticable 
" government. As it stands, at present, with all its sup- 
" posed defects, it is the rnost perfect government that ever 
" existed." Mr. Jefferson adds, " Hamilton was, indeed, a 
" singular character. Of acute understanding, disinter- 
" ested, honest, and honorable, in all private transactions, 
" amiable in society, and duly valuing virtue in private life ; 
" yet so bewitched and perverted by the British example, as 
" to be under thorough conviction that corruption was essen- 
" tial to the government of a nation." 

Page 474. " Mr. Butler telh tne, that he dined last tointer 
" in company with Hamilton and others. Hamilton declared 
" openly, that there was no stability, no security, in any 
" kind of government but a monarchy." 

Page 503. December 27, 1797. " Finch Coxe tells me, 
" that a little before Hamilton went out of office," (nearly 
three years before,) Hamilton said, " For my part I avow 
" myself a monarchist ; I have no objection to a trial being 
" made of this thing called a republic, but, &lc." 

There are many similar records of Hamilton, in this 
volume. This gentleman may have entertained speculative 
opinions on government. He may have supposed, that his 
own countrymen would not be able to carry on a republic. 
He may have believed, if he had lived to the present day, 
that he was actually a subject of something like despotic 
rule, with the apparent approbation of a majority of the 
people. Under what circumstances, and with what qualifi- 
cations, these opinions were uttered, Mr. Jefferson does not 
make known, nor does it appear to have been material to 
his purpose to have known. 

There are, in this volume, numerous remarks concerning 
Mr. Adams, apparently intended to make his fame odious to 
14* 



162 FAMILIAR LETTERS 

posterity. These remarks were preserved for publication, 
notwithstanding the renewed friendsliip with Mr. Adams. 
Some of them are these : December 20, 1797, (vol. iv. p. 
503,) " Langdon tells mc, that Adams," (in allusion to votes 
given for Clinton in opposition to Adams) " gritting his 
" teeth, said, Damn 'em, damn 'em, damn 'em, you see that 
" elective government will not do." 

Page 451. " Mr. Adams had originally been a repub- 
" lican. The glare of royalty and nobility, during his mis- 
" sion in England, had made him believe their fascination to 
" be a necessary ingredient in government. Ilis book on 
" the American constitutions, had made known his political 
" bias. He was taken up by the monarchical federalists in 
"his absence, and' on his return to the United States, he 
" was by them made to believe that the general disposition 
" of our citizens was favorable to monarchy." 

It is dithcult to reconcile this course of remark, with any 
sound moral or social principle, which well-informed gentle- 
men recognise. It is very possible that Mr. Adams may 
have entertained the abstract opinion, that the government 
of Great Britain, with some modifications, may be the best 
of which mankind are capable. "■ But this is a very different 
affair from assuming, that Mr. Adams thought such a govern- 
ment should be attempted in this country. Let it even be 
supposed, as Mr. Jefferson would have it, that Mr. Adams 
thought that government the best for this country, what 
motive could Mr. Jefferson have had, twenty-five years after 
Mr. Adams had retired from public life, and had manifested, 
in various ways, a decided attachment to republican govern- 
ment, and after the affectionate friendship between these 
two men had been cemented by a correspondence of the 
most confidential character, that these sayings (if they were 
ever said) should be treasured up, and given to the world 1 
One cannot but ask, how Mj^Adams would Ipve regarded 
this? And as he was gone, and could not have suspected 



ON PUBLIC CHARACTEHS, 1G3 

that his friend intended any such reproach to his memory, 
then those who now consider these things, may ask, was 
this doing as one would be done by ? Or, is this the conduct 
of a man of honor ; of a real gentleman 1 

There is another circumstance which Mr. Jefferson's 
writings bring into prominent notice, and which goes far to 
settle his true character. Washington had selected Mr. Jef- 
ferson for one of his most confidential advisers, and under 
circumstances which ought to have decided Mr. Jefferson to 
adopt one of two courses ; first, to reject the confidence ; or, 
secondly, to accept it, and to use it agreeably to Washing- 
ton's implied expectation. Now there was a translating 
clerk in Mr. Jefferson's office, by the name of Freneau ; 
who was also the publisher of the National Gazette. This 
paper was issued continually, for the principal purpose of 
bringing Washington's administration into contempt. It 
denied to him personally, both capacity and integrity. 
Freneau not only so published, but it was his practice daily 
to send, three copies of his paper to Washington. This be- 
came intolerable, and Washington could not forbear to 
speak to his cabinet counsellor, on this highly unjust and 
abusive conduct of his own clerk ; and requested his inter- 
ference, as a member of the administration, to rebuke Fre- 
neau. Considering the relation in which Jefferson stood to 
Washington, and the fact of Freneau's dependence on the 
former, what would have been the course of a fair dealing, 
conscientious person ? Mr. Jefferson, more than thirty years 
after this time, and in contemplation of his own decease, and 
in preparing the materials for pages to be read after he was 
gone, tells what his course was. He says, (vol. iv. p. 491,) that 
Washington, at a cabinet council, remarked, " That rascal, 
" Freneau, sent him three of his papers every day, as if he 
" thought he (Washington) would become the distributer of 
" his papers j that he coulHsee in this, nothing but an 
"impudent design to insult him; he ended in this high 



164 FAMILIAR LETTERS 

" tone." Again at a meeting, May 23, 1793, (vol. iv. p. 
485,) speaking of Washington, Mr. Jefferson says, " He ad- 
" verted to a piece in Freneau's paper of yesterday ; he said 
" he despised all their attacks on him personally, but that 
" there had never been an act of the government, not mean- 
" ing the executive line only, but in any line, which that 
"paper had not abused. He was evidently sore and warm, 
" and I took his intention to be, that I should interpose in 
" some way with Freneau, perhaps withdraw his appoint- 
" ment of translating clerk to my office. But I will not do 
" it. His paper has saved our constitution, which was gal- 
" loping fast into monarchy, and has been checked, by no 
" means so powerfully as by that paper. It is well and 
" universally known, that it has been that paper, which has 
" checked the career of the monocrats ; and the President, 
" not sensible of the designs of the party, has not with his 
" usual good sense, and sang froid, looked on the efforts and 
" success of this free press, and seen, that though some bad 
" things have passed through it to the public, yet the good 
" have preponderated immensely." 

Mr. Jefferson could elect to retain Freneau, and to pa- 
tronize his paper, and to approve of his abuse of Washing- 
ton ; but that he could retain his place, and daily appear 
before Washington, and affect to be well-disposed towards 
him, and his administration, cannot be reconciled with the 
feelings and sentiments of any honorable man. Why such 
a man as Washington, kept such a man as he knew Jeffer- 
son to be, near him, and in his counsels, can be accounted 
for only on the supposition, that Washington desired to 
sacrifice his own feelings, to what he may have considered 
to be the public good. Mr. Jefferson takes great pains to 
show, that Washington was exceedingly reluctant to have 
him retire, and kept him in office, against his own will, 
throughout the year 1793. This is very possible. There 
may have been good reasons for desiring to retain Mr. Jef- 



ON PUBLIC CHARACTERS. 165 

ferson, in the probable relation of the United States to 
France. We have Mr. Jefferson's version of the matter. 
A contradictory one could come only from Washington him- 
self. He knew that would never come ; for Washington is 
not supposed to have kept memoranda of his confidential 
intercourse for public inspection, nor, probably, even for his 
own. 

Mr. Jefferson is as little merciful to Washington, as to 
other men of whom he records his opinions. In page 467, 
of vol. iv., he remaiks on Washington, who was then in his 
sixty-first year, that he was sensible of the decay of his 
hearing, of which no one is supposed to have heard but 
Mr. Jefferson. 

In page 455, (29th February, 1792,) when Washington 
was only sixty years old, Mr. Jefferson relates a conversa- 
tion on Washington's retirement from ofiice, in which the 
latter is reported to have said, " that he really felt himself 
" growing old ; his bodily health less firm, his memory 
" alioays had, becoming worse, and perhaps the other facul- 
" ties of his mind showing a decay to others, of which he 
" was not sensible himself, and that this apprehension par- 
" ticularly oppressed him." It may be that Washington 
selected Mr. Jefferson for this delicate and confidential com- 
munication. It is very unlike the supposed reserve, and 
habitual dignity of Washington ; and not reconcilable with 
his performance of the duties of his second term ; nor with 
his acceptance of the command of the army, six years after- 
wards. One is at a loss even to conjecture the motive for 
making this record, if it was not to depreciate Washington, 
which is obviously the motive in the following quotation : 

Page 512, "Rush," (Dr. Rush, of Philadelphia,) " ob- 
" serves, he never did say a word on the subject, in any of 
" his public papers, except in his valedictory letter to the 
" governors of the states, wheri he resigned his commission 
" in the army, wherein he speaks of ' the benign influence 
" of the Christian religion.' " 



166 FAMILIAR LETTERS 

" I know that Gouverneur Morris, who pretended to be in 
" his secrets, and believed himself to be so, has often told 
" me, that General Washington believed no mor€ of that 
" system than he did himself." That is, Morris admitted 
himself to be an infidel, and also kneio that Washington 
was an infidel ! 

In the same manner, Mr. JefTerson appears to have 
treasured up all the opinions imputed to George Cabot, 
Samuel Dexter, Christopher Gore, Robert G. Harper, Rufus 
King, John Jay, Harrison G. Otis, Timothy Pickering, John 
Lowell, and many other eminent men, for the apparent pur- 
pose of proving to posterity, that they were enemies of the 
institutions of their own country, and leagued together to 
introduce a monarchy. It is to be remembered that the 
recorded sayings and opinions came through two or more 
mouths, and that the principal informant was a man of 
whom Mr. Jefferson himself says, " he is too credulous of 
what he hears."* 

The fourth volume of Mr. Jefferson's works, abounds 
with these narrations, concerning the distinguished men of 
our country, for purposes which cannot be otherwise under- 
stood than as designed to make these men odious. Now 
Mr. Jefferson may have thought all this right, and becom- 
ing. But so many of these tales are so near akin to mere 
gossip, that it is surprising any gentleman could be disposed 
to hear them. More surprising that any gentleman should 
record them as truths. Lamentable, that they should have 
been destined to the eye of future generations, with the 
sanction of one who had held the highest offices in the gift 
of his countrymen. 

*Beckley, clerk of the House of Representatives. 



ON PUBLIC CHARACTERS. 167 



LETTER XXXV. 



June 9, 1833. 

The two points on which Mr. Jefferson appears to rely 
most, to prove the design of establishing a monarchy, and a 
corrupt one too, are the funding si/stem, and the national 
bank. He considers, whenever he mentions the former, 
that the object was to create, in the two branches of the 
legislature, " treasury votes " enough to carry all the mea- 
sures of the administration ; and that ^/tcse must always be 
measures which ought not to be carried. He considers, too, 
that every federalist who came into either branch, must 
have been corrupted by the funding system or bank, although 
not members when either was established. This is a very 
comprehensive denunciation ; and not worth answering at 
this day, if it were not to show the true character of Mr. 
Jefferson's credulity, or something worse. 

The best refutation may be, to mention the names of the 
majorities in both branches, who voted to provide for the 
public debt. If they were the corrupt men alluded to, they 
were not so avaricious as may be supposed; and not so wise, 
as wicked, since no one was afterwards known to have 
changed his condition for the better, in consequence of his 
votes. 

The funding system was finally established in July, 1790. 
Those who voted for it in the Senate were : 

Pierce Buller, S. C. Robert Morris, Penn. 

Tristram Dalton, Mass. William Patterson, N. J. 

Elmer, N. J. Schuyler, N. Y. 

Henry, Md. Caleb Strong, Mass. 

Johnson, Conn. Walker, Va. 

Ralph Izard, S. C. Rufus King, N. Y 
John Langdon, N. H. 



168 FAMILIAR LETTERS 

In the House of Representatives : 

Ames, Mass. Leonard, Mass. 

Benson, N. Y. Patridge, Mass. 

Boudinot, N. J. Schureman, N. J. 

Burke, S. C. Sedgwick, Mass. 

Cadwallader, Penn. Sherman, Conn. 

Carroll, Md. Silvester, N. Y. 

Clymer, Penn. Sinnickson, N. J. 

Fitzsimmons, Penn. W. Smith, S. C. 

Foster, N. H. Sturges, Conn. 

Gale, Md. Sumpter, S. C. 

Gerry, Mass. Thatcher, Mass. 

Goodhue, Mass. Trumbull, Conn. 

Grout, Mass. Tucker, S. C. 

Huger, S. C. Vining, Va. 

Huntington, Conn. Wadsworth, Conn.- 

Laurence, N. Y. White, Va. 

R. B. Lee, Va. Wynkoop, Penn. 

The following are among many similar notices of the pro- 
vision for the payment of the public debt, found in Mr. Jef- 
ferson's volumes. In page 446 of 4th volume : " Hamilton's 
" financial system had then passed. It had two objects : 
*' 1st. As a puzzle to exclude popular understanding and 
" inquiry. 2d. As a machine for the corruption of the 
" legislature ; for he avowed the opinion, that man could be 
" governed by one of two motives only, force or interest. 
" Force, he observed, in this country, was out of the ques- 
" tion ; and the interest, therefore, of the members, must be 
" laid hold of, to keep the legislature in unison with the 
" executive. And with grief and shame it must be acknow- 
" ledged, that his machine was not without effect." 

Almost all the members of both houses of Congress, W'ho 
voted for the " funding system," were then sufficiently dis- 
tinguished to be knov/n throughout the United States. 



ON PUBLIC CHARACTERS. 169 

Every one who can remember as far back as thirty years, 
and who was attentive to public affairs, must have been in- 
formed, (as to those in his own state, if not more exten- 
sively,) of the reputation of these men. Who among them 
may be selected as a corrupt speculator ? Who among them 
may be supposed to have advocated a great political mea- 
sure, perfectly reconcilable with honor, justice, and duty in it- 
self, for the purpose of enriching himself? Mr. Jefferson was 
among these men, from the 22d of March, 1790, to the 31st 
of December, 1793. He had Beckly and Freneau, and many 
other skilful inquirers, and faithful reporters. Who would 
Mr. Jefferson have selected as a corrupt monarchist, if in 
that space of time he had been called on to do so ? Was 
tliere nothing in the future days of these men, and in the 
repeated marks of confidence, which were afterwards con- 
ferred, where they were best known, which might have 
corrected Mr. Jefferson's opinions, in the long lapse of time 
through which he lived ? No, nothing. Among the last 
acts of his life, he carefully prepared his charges to go 
down to posterity, with his certificate that they were true. 

The same sort of record is made by Mr. Jefferson con- 
cerning the National Bank, which was created by the votes 
of nearly the same men. On the 2d of March, (vol. iv. p. 
481,) Mr. Jefferson thus describes the majority of the 
House of Representatives : " 1. Bank directors. 2. Holders 
" of bank stock. 3. Stock-jobbers. 4. Blind devotees. 5. 
" Ignorant persons who did not comprehend them ; (mean- 
" ing Giles's resolutions, criminating Hamilton.) G. Lazy, 
" good-humored persons, who comprehended and acknow- 
" ledged them, yet were too lazy to examine, or unwilling 
" to pronounce censure. The three first descriptions, making 
" one third of tlie house, and the three latter one half of 
" the residue." 

Now, did Mr. Jefferson really believe this, his own re- 
cord ? or did he record that which he believed to be untrue, 
15 



170 FAMILIAR LETTERS 

to answer some purpose of his own ? If he really believed 
all that he states to be true, what must be thought of his 
understanding ? If he knew that he was stating that which 
was untrue, what must be thought of his heart? 



LETTER XXXVI. 

June 12, 1833. 

On the subject of monarchy, as charged against the 
federalists as a parti/, it is one on which Mr. Jefferson 
delights to dwell. The following are samples of the mul- 
titude of remarks to be found in his volumes : 

In vol. iii. p. 402 : "jThe X, Y, Z, fever has considerably 
" abated through the country, as I am informed, and the 
" alien and sedition laws are working hard. For my own 
" part, I consider those laws merely an experiment on the 
" American mind, to see how far it will bear an avowed 
'•' violation of the constitution. If this goes down, we shall 
" immediately see another act of Congress attempted, de- 
" daring that the President shall continue in office during 
" life, reserving to another occasion the transfer of the suc- 
" cession to his heirs, and the establishment of the Senate 
" for life." 

In vol. iv. p. 84 : " The government which they (federal- 
" ists) wished to have established here, and only accepted 
" and held fast, at first, to the present constitution, as a 
" stepping-stone to the final establishment of their favorite 
" model. This party has, therefore, always clung to Eng- 
" land, as their prototype and great auxiliary, in promoting 
" and effecting this change. A weighty minority of these 
" leaders, considering the voluntary conversion of our 
" government into a monarchy, as too distant, if not despe- 
" rate, wish to break off from our Union its eastern fragment, 



ON PUBLIC CHARACTERS. 171 

'' as being, in fact, tlie hot-bed of American monarchism, 
" with a view to the commencement of their favorite govern- 
" ment ; from whence the other states may gangrene by de- 
" grees, and the whole be thus finally brought to the desired 
" point." 

" At the head of this minority, is what is called the Es- 
" sex Junto of Massachusetts. But the majority of these 
" leaders do not aim at separation. In this they adhere to 
" the known principles of General Hamilton, never under 
" any views, to break the Union. Anglomany, monarchy, 
" and separation, then, are the principles of the Essex fede- 
" ralists ; anglomany and monarchy, of the Hamiltonians ; 
" and anglomany alone, that of the portion of people who 
" call themselves federalists." (Letter to Mr. Mellish, map- 
maker, January 19, 1813.J 

These are only some, of many similar remarks scattered 
through Mr. Jefferson's third and fourth volumes. 

The foregoing extracts, assume that almost immediately 
after the adoption of the national government, there was a 
party in New England, who designed to subvert that govern- 
ment, and dissolve the Union, or to convert that govern- 
ment into a monarchy. No persons are named.* It is a 
general denunciation of the federal party. There is no 
mode of meeting and refuting Mr. Jefferson, but by stating 
facts which cannot be denied ; and if these be utterly in- 
compatible with the supposed design, the design itself must 
be regarded as a mere calumny, chargeable on the per- 
verted state of Mr. Jefferson's mind, or on his own want of 
integrity. 

These are historical facts : The federal party labored, 
with all their might, to establish the national constitution. 
King, Gore, Strong, Lowell, Parsons, Hamilton, Jay, Pick- 

*This is the oflen repeated opinion of Mr. Jefferson, who says, in 
his Mazzei letter, " wc must break these lilliputian ties, with which 
they have bound us," &c. 



172 FAMILIAR LETTERS 

ering, Brooks, Sedgwick, and hundreds of such men who 
might be named, were among the most zealous advocates of 
the constitution. What were their motives ? If they had 
any such purpose as Mr. Jefferson imputes to them, they 
could not have been the advocates of a regular system of 
government, which guaranteed to each and every state in the 
Union, the continuance of republican forms. The firm es- 
tablishment of such a government made the whole of the 
United States one community, from which no state could 
withdraw but by the consent of all. The whole physical 
force in states adhering to the confederacy, could be arrayed 
against any one which was disposed to depart from it. The 
federal party intended that this should be so ; and they did 
every thing that men could do to effect this object. They 
discerned in the federal union the only security against ex- 
ternal foes, and internal faction ; and above all, security 
against the contentions, already becoming serious, between 
the states themselves. If these are unquestionable facts, 
how could the very men who thus labored to establish this 
government, have intended at the same time, or within a 
few years afterwards, and while it was in the most satisfac- 
tory execution under the direction oi federalists, its dismem- 
berment and destruction ! One would think, that these 
men had every inducement which can influence the human 
mind, to preserve the constitution, and to have it wisely ad- 
ministered. 

If they had desired to create a monarchical system, their 
course would have been to keep out of the Union, to have 
promoted anarchy and confusion, and to have made force 
necessary to preserve order ; and to have availed of that 
force to establish their dominion. They were to do this 
while the whole country was impoverished and distressed by 
the effects of the revolutionary war; and when New Eng- 
land had almost exhausted its strength in repelling the ef- 
forts of royalty to establish a tyrannical power. These very 



ON PUBLIC CHARACTERS. 173 

men whom Mr. Jefferson charges with the design of erecting 
a monarchy, through the means of interior commotion, 
were the foremost to suppress the rebellion in Massachusetts 
in 1786-7; and who were instructed by that occurrence, 
perhaps more than any other, in the necessity of a federal 
union. These are facts not to be denied ; and how do they 
agree with Mr. Jefferson's calumnies? 

As to the design of converting the national government 
into a monarchy, which Mr. Jefferson so often asserts, how 
were they to effect such a purpose ? Mr. Jefferson admits 
that the people of the United States, every where, except 
among leading federalists, were republican. Monarchy 
could be erected but in one of two modes, assent or force. 
Mr. Jefferson does not pretend that it could be done by 
assent. He says it could not ; and truly. The people 
of the United States had just effected their liberation from a 
monarchy. Were they, while the memory of their toils and 
sufferings was so fresh, to have submitted to the dominion of 
one of their own citizens, and have stood quiet or applaud- 
ing spectators to see him crowned ? Were the federalists as 
silly as Mr. Jefferson thought them wicked ? Did not they 
know the state of public opinion, as well as he did ? If one 
could suppose such an absurdity as Mr. Jefferson has caused 
to be published, who was to be the king? Admit that 
every body was ready for a monarchy, and that the federal- 
ists had only to arrange their order of it, one had as much 
pretension to wear the crown as another. They must have 
peaceably arranged among themselves, who should be mas- 
ters and who should be servants. A king would need 
dukes and lords to prop him up. Who were to be selected 
for such dignity, and who excluded ? Who but Thomas 
Jefferson would impute to men, who certainly had some 
claim to common sense, and who had done all they could to 
establish republican liberty, the project of a peaceable ar- 
rangement of a monarchy. 
15* 



174 FAMILIAR LETTERS 

Royalty hy force, was a still more absurd project. The 
federalists must have had command of men and money. 
How were either to be obtained ? The federalists had no 
money, wherewith to maintain a military force ; and the 
people must have submitted to military exactions to have 
kept any force on foot, for a single week. Mr. Jefferson 
presumed too much on the credulity of his countrymen, 
in supposing that they would believe him ; or he had been 
spoiled in finding that his assertions had been so long re- 
ceived by them as truths. The more probable solution is, 
that Mr. Jefferson's readiness to believe what he had hoped 
was true, had convinced him that it was true. He some- 
where says, that an often asserted falsehood, comes at length 
to be a truth in the mind of him who asserts it. 

Mr. Jefferson did no credit to his own book learning, of 
which he had a great deal, in assuming, that a republic can 
be converted into a monarchy, in either of the modes which 
he imputes to the federalists. He knew, or ought to have 
known, that republics have never changed into monarchies, 
but always into despotisms. 'He must have known that 
when despotism overwhelms this country, it will come by the 
usurpation of men, who can delude the multitude under the 
guise of being their friends. No man that has lived in the 
United States in the last fifty years, has done so much as 
Mr. Jefferson himself, to prepare the public mind for such 
usurpation. ' All the misrule which now afflicts this coun- 
try, can be fairly traced to him. / He may have been far 
enough, from any such design ; but the effect is a sorrowful 
fact> as a large proportion of the thinking men of the coun- 
try see with dismay. 



ON PUBLIC CHARACTERS, 175 



LETTER XXXVII, 



June 15, 1833. 

The Jeffersonian dominion began in the United States 
on the 4th of March, 1801. The opponents of the federal 
constitution had, (by means well known, that is, by all 
manner of appeals to popular prejudice,) been gaining 
strength. The same means persevered in, would, in another 
four years, have given the administration to them, i The 
experience of the last thirty years proves, that the majority 
of the American people can always be ruled by theirjric7ids. 
In other words, combinations of adroit men who want office, 
emolument, and distinction, and who consider all these to 
be only prizes to be gamed for, can always find the means 
of winning them.) Those who have the principles and feel- 
ings of the founders of the government, by whatsoever name 
distinguished, must content themselves with ojiposition to 
what they conscientiously believe to be destructive of the 
original purposes for which the government was instituted. 
This they must do, or prefer, as Mr. Jefferson says, " the 
'•' calm of despotism to the tempestuous sea of liberty," under 
very disagreeable masters. 

When the votes were counted, it appeared that Mr. Jeffer- 
son had seventy-three, Aaron Burr, seventy-three, John 
Adams, sixty-five, C. C. Pinckney, sixty-four. As the con- 
stitution then was, two persons were to be voted for, both 
of whom could not be resident in the state in which the vote 
was given. The highest number of votes, being a majority 
of all the votes cast, made the President; the next highest, 
being a like majority, made the Vice President. Jefferson 
and Burr having an equal number, the choice devolved on 
the House of Representatives. Mr. Jefferson took care to 
have this " procedure corrected" by a change of the consti- 



176 FAMILIAR LETTERS 

tution before another election. The House vote, on such 
occasions, by states. If the number of representatives from 
a state were seven, a majority of this number constituted 
the vote of the state. If the number was equal, the vote of 
the state might be divided ; but by a regulation adopted by 
the House, the vote was not lost in case of division, but was 
counted ; though for neither party. From New Hampshire 
there were four ; from Massdichnsetts, fourteen ; from Con- 
necticut, seven; from Vermont, two; from Rhode Island, 
tico ; from New York, ten; from New Jersey, ^ye; from 
Pennsylvania, thirteen ; from Delaware, one ; from Mary- 
land, f/^A^,- from Virginia, ^^^?^e^ff/^; from North Carolina, 
ten; from South Carolina, ^we ; from Georgia, one; from 
Kentucky, two ; from Tennessee, one. Among the mem- 
bers spoken of, from personal observation, were Sedgwick, 
Thatcher, Otis, Lincoln, Griswold, Dana, Goodrich, Smith, 
Champlin, all of New England. Jonas Piatt, New York ; 
Edward Livingston, New York; Gallatin, Pennsylvania; 
James A. Bayard, Delaware; Samuel Smith, Maryland; 
Henry Lee, Virginia ; John Randolph, Virginia ; Littleton 
W. Tazewell, Virginia; N. Macon, North Carolina; R. G. 
Harper, South Carolina ; Thomas Pinckney, South Caro- 
lina ; John Rutledge, South Carolina. 

The House voted, among other regulations, to attend to 
no business, but the election, while it was pending, and not 
to adjourn until an election was effected. The balloting 
began on Wednesday, the 11th of February, and continued 
until Tuesday, the 17th, at one o'clock ; recurring at longer 
or shorter intervals. In thirty-five ballotings, the vote stood 
eight for Thomas Jefferson, six for Aaron Burr, and two 
states were divided. On the thirty-sixth ballot, Jefferson 
had ten states: Burr, four; and two states gave a blank 
vote. The presence of every member during this extraor- 
dinary scene, which lasted seven days, was indispensable. 
Some of them were infirm or indisposed, and were accom- 



ON PUBLIC CHARACTERS. 171 

modated with beds or couches ; and one member was so 
indisposed as to be attended by his wife. The whole num- 
ber present was one hundred and four ; of whom a majority 
were federalists, though there was not a federal majority of 
states. The election was decided by the votes of Vermont 
and Maryland. Lewis R. Morris is said to have withdrawn, 
leaving his colleague, the famous Matthew Lyon, (who was 
convicted of sedition,) to vote for Vermont. Four federalists, 
in Maryland, are said to have given blank votes, and the 
other four members from that state, to have voted for Jef- 
ferson. 

These seven days of balloting were days of great excite- 
ment. Mr. Adams was there as President, contemplating 
the approach of his political annihilation. Mr. Jefferson 
was there, daily presiding in the Senate, in all the inquietude 
of success or defeat. Burr was at New York or Albany. 
The federalists, in the House, had a most painful and re- 
sponsible duty to perform ; that of choosing between two 
such men as Jefferson and Burr ! Among the rumors of 
that time was this : That the federalists could, and would, 
prevent any election, and would permit the balloting to go 
on till the 4th of March, and consider both offices (Presi- 
dent and Vice President) vacant, and leave to the President 
of the Senate to exercise the executive power. Another 
rumor was, that a law could be passed to vest in some 
person the executive power. It is not improbable that, 
from the abhorrence which some members may have felt of 
seeing Mr. Jefferson in the office of President, means were 
spoken of adapted to prevent such a national misfortune. 
Doubtless the federalists would have done anything, which 
they believed to be constitutional and dutiful, to prevent it; 
but no such propositions are supposed to have been discussed. 
The Jeffersonians insisted that the people meant Jefferson 
should be President, and that, if the House did not choose 
him, an armed force would go from the neighboring states 



178 



FAMILIAR LETTERS 



to compel the House to choose him ; or, more probably, to 
choose him themselves. Mr. Jefferson says, in a letter under 
date of February 15, (1801) to James Monroe, while the 
election was pending, (vol. iii. 452,) " If they could have 
" been permitted to pass a law for putting the government 
" into the hands of an officer, they would certainly have 
" prevented an election. But we thought it best to declare, 
" one and all, openly and firmly, that the day such an act 
" passed, the middle states would arm ; and that no such 
" usurpation, even for a single day, should be submitted to. 
" This first shook them ; and they were completely alarmed 
" at the resource for which we declared, viz. to re-organize 
" the government, and to amend it. The very word con- 
" vention gives them the horrors, as in the present democrati- 
" cal spirit of America, they fear they should lose some of 
" the favorite morsels of the constitution." One would have 
thought this a favorable time for the " monarchists" to have 
made an attempt to set up a king. The government would 
have come to a natural and easy dissolution, by refusing to 
elect a President, and no better chance of scrabbling for 
royalty could ever be expected. 

Mr. Jefferson says that he was frequently asked, during 
this time, to promise that he would not do certain acts which 
the federalists feared he would do ; that is, that he would 
preserve certain features of federal policy. He says he 
answered that he would not go interoffice with his hands 
tied. It must be admitted that he acted with some firmness 
(if the fact was so) in refusing, what proved to be for him 
a crown (as he says) " on capitulation." Among other 
rumors was this : Hamilton is said to have been consulted ; 
and that he was of opinion that it was better to choose Jef- 
ferson than Burr. He seems to have had an abhorrence of 
Burr, and to have believed it safer to trust to Jefferson's 
characteristic timidity than to Burr's insatiable ambition. 
It was as embarrassing a question as could be proposed to 



ON PUBLIC CHARACTERS. 179 

an honora])le and patriotic mind, which of these two men 
might do the most mischief! It might have made a favor- 
able difference to this country if Burr had been preferred, 
whatever Burr may have been since that day ; and, cer- 
tainly, all the difference of life and death, to Hamilton him- 
self 

This election of President (in February, 1801, by the 
House of Representatives) is sufficiently interesting to be 
further noticed, for two reasons; first, to present a true 
account of the federal party in the House, whose adversaries 
attributed to them very reprehensible designs and attempts ; 
secondly, to show the true character of Mr. Jefferson's 
" Anas," and records. Both these objects will be accom- 
plished by the perusal of evidence contained in the Appen- 
dix. This evidence was published in tlie National Gazette, 
(Philadelphia,) January 1, 1830, by Richard H. Bayard, 
and James A. Bayard, sons of a gentleman of the latter 
name, in refutation of two of Mr. Jefferson's statements. 
This is an instance, in which it was deemed a duty to a 
deceased parent, to inquire into the truth of Mr. Jefferson's 
assertions. It will be seen, by the perusal of that evidence, 
that Mr. Jefferson is plainly in error. Being proved to be 
so, in this case, a strong presumption arises, that if the truth 
of his statements, in other cases, could be tested in like 
manner, they would be found to be equally erroneous. 

James A. Bayard, the gentleman whom Mr. Jefferson 
mentions so improperly, was a descendant of the Chevalier 
Bayard, who died in 1524; and who is familiarly known 
as the man (sans peur et sans reproche) without fear and 
without reproach. In a letter written by Mr. Bayard in 
1801, and which will be found in the Appendix, he says, 
" I shall never lose sight of the motto of the great original 
" of our name." This gentleman was an eminent lawyer 
in the state of Delaware. He was in both branches of 
Congress, and was second to no one in either branch. He 



180 FAMILIAR LETTERS 

was one of the envoys who made the treaty of peace at 
Ghent in 1814. He was a tall, well proportioned, erect 
man, of light complexion, light hair, of handsome face, 
intelligent and manly expression, and of courteous and dig- 
nified manners. He was one, of whom it might be truly 
said, that nature, education, mind, heart, and habit, had 
combined to make a gentleman. His eloquence was lofty 
and commanding. He had, eminently, the first of its 
requisites, sincerity, and certainty that he joas right. It 
was such a man, that Thomas Jefferson would declare, even 
from his own tomb, to be b. political knave. 

The two passages complained of by Mr. Bayard's sons are 
the following. The first of them will be found in vol. iv. 
p. 515. 

" February 12, 1801. Edward Livingston tells me, that 
" Bayard applied to-day, or last night, to General Smith, and 
" represented to him the expediency of his coming over to 
" the states who vote for Burr ; that there was nothing in 
" the way of appointment which he might not command, 
" and particularly mentioned the Secretaryship of the Navy. 
" Smith asked him if he was authorized to make the offer. 
" He said he was authorized. Smith told this to Living- 
*' ston, and to W. C. Nicholas, who confirms it to me. 
" Bayard, in like manner, tempted Livingston, not by offer- 
" ing any particular office, but by representing to him his, 
" Livingston's, intimacy and connexion with Burr ; that 
" from him he had every thing to expect, if he would come 
" over to him. To Dr. Linn, of New Jersey, they have 
" offered the government of New Jersey. See a paragraph 
" in Martin's Baltimore paper, of February 10, signed ' A 
" Looker-on,' stating an intimacy between Harper and Burr." 

Mr. Jefferson begins in page 520 of the 4th volume, 
under date of April 15, 1806, the record of an interview 
with Burr, which occurred, he says, about a month before, 
in wliich Burr (then E.x-Vice President) appears to have 



ON PUBLIC CHARACTERS. 181 

intimated that an office would be agreeable to him. Mr. 
Jefferson says that he said to Burr, " that if we believed a 
" few newspapers, it might be supposed he had lost public 
" confidence, but that / kncio how easy it teas to engage 
" newspapers in any thing." " That as to any harm he 
" could do me, I knew no cause why he should desire it ; 
" but at the same time I feared no injury which any man 
" could do me ; that I had never done a single act, or been 
" concerned in any transaction, whieh I feared to have fully 
" laid open, or which could do me any hurt, if truly stated." 

He then adds, (same page) " I did not commit these things 
" to tcrifing at the time, but I do it now, because in a suit 
"between him, [Burr] and Cheetham, he has had a deposi- 
" tion of Mr. Bayard taken, which has no relation to the 
" suit, nor to any other object than to calumniate me. Bay- 
" ard pretends to have addressed to me, during the pending 
" of the presidential election, in February, 1801, through 
"General Samuel Smith, certain conditions on which my 
"election might be obtained; and that General Smith, 
" after conversing with me, gave answers for me. T/iis is 
" absolutely false. No proposition of any kind ivas ever 
" made to me on that occasion, by General Smith, nor any 
" answer authorized by me ; and this fact General Smith 
" affirms at this moment." 

Now, so it is, that Mr. Bayard was one of the six persons 
in the House of Representatives, on whom the election of 
Mr. Jefferson depended; either of whom could have decided 
the election ; and that Bayard had less repugnance to the 
election of Mr. Jefferson than to that of Mr. Burr ; and 
that he could, at any balloting, have settled the question by 
his vote; and was resolved that there should be an election. 
"It also happens, that on the same day when Mr. Jefferson 
made his record, General Smith, a personal and politi- 
cal friend of Mr. Jefferson, was engaged in giving hi.s depo- 
sition in a case, in which he declares, that he under- 
16 



182 FAMILIAR LETTERS 

took, being a resident in the same house with Mr. Jeffer- 
son, to inquire into his policy concerning commerce, the 
navy, and the funding system ; that he did inquire of Mr. 
Jefferson, and did report his answers ; and that the election 
was thereupon made. He and Mr. Bayard both testify, that 
no proposition was made to either of them, nor by either of 
them, to promote Burr's election. Mr. Bayard says, that 
at this time he had no personal acquaintance with Burr ; 
and that he knew not of any effort made by Burr, to pro- 
mote his own election ; that no means to that end were 
taken, among the members, but argument and persuasion, 
founded on the belief, that it would be less disastrous to the 
country to elect Burr, than to elect Jefferson. It is further- 
more Sifact, that General Smith, on the floor of the Senate 
denied that Mr. Jefferson had recorded truths ; and 
another /a(Y that Mr. Livingston stated, also, on the floor of 
the Senate, that he remembered no such truths, as Mr. 
Jefferson had recorded concerning himself 

If Mr. Jefferson could so write, on facts which must have 
been within his own knowledge, and adapted to be strongly 
impressed on his memory, it casts a deep shade over his 
" tells me " assertions, and over his hearsay records, received 
from persons, who had, probably, learned how to gratify his 
sense of hearincr.* 



* The evidence collected by the sons of Mr. Bayard to vindicate 
the honorable fame of their father, against the calumnies of Mr. 
Jefferson, consists of two depositions given by Mr. Bayard, in cases 
of libel which arose out of the election of February, 1801 ; and of a 
deposition of Samuel Smith, in one of those cases ; — also of letters 
from members of Congress, who were present at tliat election. This 
evidence is accompanied by some very becoming commentaries from 
Mr. Bayard's sons. This evidence was made public January 1,1830, 
through the National Gazette, in consequence of Colonel Hayne's 
(South Carolina) having introduced Mr. Jefferson's record of facts, 
in a debate in the Senate. Tiiis evidence is historically important. 
Whether it has appeared in a more appropriate form for preserva- 



ON PUBLIC CHARACTERS. 183 



LETTER XXXVIII. 

June 23, 1833. 

The election of Mr. Jefferson was regarded with strongly 
contrasted feelings, by the two great parties of the United 
States. He had not been a prominent object of attention, 
while in retirement, between his resignation of the office of 
Secretary, and his Vice Presidency. While in the latter 
office, he was only a presiding officer, and had no call to ex- 
press his opinions, publicly. As soon as it was ascertained 
that he, or Burr, must be the President, it became highly in- 
teresting, to both parties, to investigate his character, and 
his political propensities. He was portrayed according to 
the perceptions of the two parties, and presented in striking 
colors. 

By the one party, he was represented, as the early advo- 
cate of religious freedom, and of the rights of man ; the 
great apostle of liberty ; the friend of our. excellent ally, 
France ; the determined foe of British influence ; the re- 
former of constitutional errors ; a sage, a philosopher, a true 
patriot, and genuine republican. 

By the other, — as a man destitute of the commonly 
received moral principles ; and one who entertained no 
respect for the acknowledged foundation of all moral prin- 
ciple ; the devoted admirer, and blind apologist of one 
foreign nation, and the uncompromising enemy of another ; 
nor less an enemy to the men who had conducted the govern- 

tion, than in a highly respectable daily journal, is not known. 
Whether it be so or not, it will add to any value which this volume 
may have, to annex it hereto. It has been thought expedient to 
abridge it so far only as to omit the interrogatories, and merely 
formal parts of the depositions, as the answers sufficiently indicate 
■what these were, and comprise all the facts which are necessary to 
be known. The letters alluded to are entire. 



184 FAMILIAR LETTERS 

ment for the first twelve years, and to all their measures ; 
nor only so, he was declared to be hostile to the constitution 
itself, and would exercise the powers which it vested in him, 
to gratify one portion of his fellow citizens, and humble the 
other ; that he would not be the dignified head of a great 
republic, but an intolerant party chieftain ; that his learn- 
ing had been used to break down and remove, rather than 
to uphold and preserve, the landmarks by which the virtuous 
and intelligent had, for ages, bounded social welfare. 

JIow far from the truth these parties respectively were, it is, 
certainly of some importance to know. How near, that pos- 
terity, to which Mr. Jefferson appeds, will come to the truth, 
cannot be foreseen. It is probable that the obscurity which 
time throws over motives and acts, and the generalization 
which is all that the limits of common history permits, will 
prevent a true estimate of Mr. Jefferson's merits and faults, 
among those of future days. Time will also diminish the 
interest which will be felt in this gentleman's real character, 
and he will, probably, be known only as one who held the 
first station in his country ; and that certain prominent 
events occurred in his time ; but ichy they did occur, will 
interest very few. 

This is not so, with those who are now living. Mr. Jef- 
ferson has made it highly interesting to them to know his 
true character, and the meaning and consequences of his 
policy. If it be true, as many suppose it to be, that he was 
the original cause of the dangerous theories and practice, 
which now threaten to destroy the security and happiness of 
the American people : if he was the author of that perver- 
sion of our institutions, intended for common welfare of the 
whole, to the exclusive use and benefit of a few; if he was 
the creator of that destroyer of all republics, party, the well 
known precursor of despotism ; if his political acts, and his 
private writings, now given to the world with the sanction 
of his own name, prove, that all or any of these suppositions 



ON PUBLIC CHARACTERS. 185 

may be true, — surely, all of the present day are interested to 
inquire, and to decide. 

Takinor his public messages, and other official documents, 
as the true index of his purposes as a public officer ; and then 
taking the contents of his own volumes, as the true interpre- 
ter of his true meaning in all things, which he did as an 
officer, as a citizen, and as a man, we may arrive at demon- 
stration. 

It will, on such authority, appear, that from the 22d of 
March, 1790, to the 4th of March, ISOl, JNIr. Jefferson had 
three great purposes always in view, and that he spared no 
exertion to accomplish them : 1. The aggrandizement of 
France. "2. The destruction of England. 3. The demoli- 
tion of federalists, as a party ; and the expatriation of the 
citizens who were of that party. 

It will also appear, that the means taken to accomplish his 
objects, would be considered, in any other inan, to be subver- 
sive of the honor and independence of his own country ; a 
perversion of its institutions ; unjust in motive ; oppressive 
and demoralizing, in effect. But Mr. Jefferson is singularly 
privileged from all imputations of base or unworthy motives, 
in any case. He has undertaken to be responsible for his 
own honesty. If it must be admitted that he was honest, 
that is, that he really saw himself, his fellow-citizens, his 
country, and its institutions, as he represents himself to have 
seen them, he has proved his honesty at the expense of 
respect for his intelligence, and of esteem for his heart. 
If it were any other man, one might venture to say that he 
thought anything right, which he thought expedient; and 
that anything was expedient, as to object and means, which 
would accomplish his own ends. 

When Mr. Jefferson became President, the people had 

deliberately established a national form of government, as 

accurately defined as could be done by human wisdom. It 

had received a practical construction during twelve years, 

16* 



186 FAMILIAR LETTERS 

by very able men, and whom history will honor as wise, 
virtuous, and patriotic. Fallible, they may have been, and 
may have erred, under high party excitements, and in op- 
posing those whom they regarded as dangerous partisans, 
whether these were deluded, or dishonest. 

The Jeffersonian party, of the last thirty years, have never 
amended the system which the first twelve years established. 
They have often departed from it, and perverted it ; but in 
their pressing necessities have always returned to it, and 
relied upon it. That system contemplated and provided for 
the national security and independence, by a sound credit, 
by reasonable means of defence, by honorable and prudent 
policy, as to all other nations. At home, it meant to secure, 
and did secure, tranquillity, the reasonable protection of 
domestic industry, gradual internal improvement, a sound 
currency, and unrestrained exercise of every power to ac- 
quire and enjoy, so far as the policy, rightfully adopted by 
foreign nations, would allow. This system left, to state 
sovereignty, its legitimate sphere of action, uncontrolled. 
As the guardian and protector of all these rights, privileges 
and enjoyments, it provided a learned and independent judi- 
ciary, capable of restraining the plain excess of legislative 
and executive action in national affairs ; and of state 
sovereignty, whenever this should happen to exercise power, 
which the people had clearly vested in the sovereignty of the 
nation. 

At the time when Mr. Jefferson came in, the United 
States were prosperous under that system. The relations 
with all foreign nations (except two on the coast of Barbary,) 
were pacific ; and with most of them, friendly. The public 
debt was insignificant compared with national means. At 
home, excepting the factious temper, (which Mr. Jefferson 
had done much to encourage,) all was well ; and never had 
any man a fairer opportunity to secure to himself an honor- 
able fame, and to transmit his memory, to distant days as 



ON PUBLIC CHARACTERS. 1S7 

one of the worthiest of rulers our country had known. There 
was reason to expect that the party who had hoped nothing, 
but had feared everything from him, might have been un- 
justifiably prejudiced. 



LETTER XXXIX. 

June 27, 1833. 

In his inaugural speech, Mr. Jefierson soothed the serious 
apprehensions which were entertained, as to the manner in 
which he might exercise executive power. " Let us reflect," 
says he, " that having banished from our land that religious 
" intolerance under which mankind so long bled, and suf- 
" fered, we have yet gained little, if we countenance an 
" intolerance as despotic, as wicked, and capable of as bitter 
" and bloody persecutions." " Every difference of opinion 
" is not a difference of principle. We have called by dif- 
" ferent names, brethren of the same principles. JVe arc 
" all republicans, all federalists." " If there be any among 
" us, who would wish to dissolve this Union, or to change 
" its republican form, let them stand undisturbed, as monu- 
" ments of the safety with which error of opinion may be 
" tolerated, when reason is left free to combat it." From 
these declarations there was good reason to hope, that Mr. 
Jefferson intended to be the President of the United States, 
and not the chief of an intolerant and vindictive party. 
Afflicted as the federalists may have been, at seeing the ex- 
ecutive power pass into his hands, they would have cheerful- 
ly sustained him, in the exercise of it, if that exercise of 
power had been even in conformity with his own declarations. 
On the contrary, Mr. Jefferson did all he could to subvert 
every measure which the federal parly had adopted, and to 
obliterate every trace of their administration. 



188 FAMILIAR LETTERS 

Whatever may be thought of the personal deportment of 
the two first Presidents, as essential to the maintenance and 
dignity of their stations, and to secure themselves from in- 
terruptions, and from the loss of time necessary in the dis- 
charge of public duties, it could not be agreeable to the 
nation, to see the abolition of all official dignity. This it 
was Mr. Jefferson's pleasure to do. He had no appropriate 
hours for visiting. He was accessible by any one, almost 
at any hour, and descended, at once, to the lowest level. 
To this example may be traced the scenes which are noticed 
at this day, in the abode of the President, and which mortify 
our own community, and furnish a subject of ridicule to 
European travellers. 

The first contrast between Mr. Jefferson's inaugural 
declarations, and his intended acts, occurred early in 1801. 
Elizur Goodrich had been appointed collector of New 
Haven, by Mr. Adams. In June he was removed, without 
any suggestion of incompetency, as to talents or integrity, 
and a partisan, by the name of Samuel Bishop, was ap- 
pointed. This drew, from the merchants, and most respect- 
able men of that city, a calm remonstrance, in which they 
assert Goodrich's promptness, integrity, and ability ; and 
add, that these were qualities not to be found in Bishop. 
They also assert, that Bishop was nearly seventy-eight years 
of age, and so infirm as scarcely to be able to write his 
own name ; that he was unacquainted with revenue laws, 
or mercantile business, or even with the most simple forms 
of accounting. To this remonstrance Mr. Jefferson made 
an answer, on the 12th of July, in which he says, among 
other things : " Declarations by myself, in favor of political 
" tolerance, exhortations to harmony and affection in social 
" intercourse, and respect for the equal rights of the minority, 
" have, on certain occasions, been quoted and misconstrued 
" into assurances, that the tenure of offices was not to be 
" disturbed. But could candor apply such a construction ? " 



ON PUBLIC CHARACTERS. 189 

It was thus manifested what Mr. Jefferson's construction of 
assurances would be, and what liis acts would be, through- 
out his administration. 

That which the people of the United States ought to re- 
gard with abhorrence, in a President, is the implied invita- 
tion thus given by Mr. Jefferson, to all political adversaries, 
to abandon their creeds and adopt his own ; and the clearly 
implied promise of reward for apostacy. This was a well- 
known mode of strengthening party, long before there were 
white Americans. Mr. Jefferson has the dhtinrtion of 
having introduced it into our repul)lic. He carried it to its 
full extent, officially, and privately. In no nation, no, not 
even in Rome, in its most corrupt days, has this demoralizing 
seduction been more effective than in our own land, since 
Mr. Jefferson became President.* 

Opinions, long entertained, as to men and measures, and 
as to creeds in religion, are sometimes, honestly and honor- 
ably abandoned, and opposite ones adopted. But a change 
cannot be honest or honorable, where there is no new fact, 
nor any reason for viewing facts, before admitted, in any 
new light. Surely no cliange can be so, where the sudden 
convert realizes benefits, not to be had without apostacy. 

The distinction between parties was so marked in Mr. 
Jefferson's time, that there could be no half-way change. 
The convert could do nothing short of what is done by a 
deserter from an army. Those who went over to Jefferson- 
ism, had the only merit of being a ahamcd o^ ihe'ix desertion. 
To cover this, and to prove their sincerity, they resorted to 
the bitterest condemnation of their former principles and 
associates. The most malignant libellers of federal men, 
and of federal measures, were those who had been federal- 
ists themselves. Sustained by the salaries of office, and 
raised by titles above those they had deserted, they could 
clearly see how base, plotting, and traitorous some of their 
fellow citizens were, with whom, but yesterday, they were 



190 FAMILIAR LETTERS 

proud to rank, and most zealous to defend. Trace such 
men through to tlie end, and how has it fared with them ? 
By adroit and timely desertions, they may have found for a 
while, office and emolument. But, how is it with them, when 
they come to the searching question, What do mi/ fellow 
vien think of me ? A Cajsar, an Augustus, a Napoleon, 
cannot evade this question. The long list of dishonest de- 
serters which could be furnished, would show, that few, in 
the revolutionary action of party, secured the good they 
sought ; and that all of them planted a thorn in conscience, 
which never withers, nor ceases to prick. This was one of 
the practical uses of Mr. Jefferson's " exhortation to har- 
" moriv, and affection in social intercourse." 

There were instances of departure from the federal side, 
distinguishable from such as have been mentioned, and 
which did not deserve reproach. There were timid men 
who did not entirely a{)prove of federal views of the national 
policy ; others, who thought themselves not to have been 
sufTiciently valued and respected, by their federal associates; 
and some who were by nature and inclination Jeflersonians, 
and who originally mistook their side and very properly 
went over where tliey belonged. When one leaves the true 
line, circumstances force him further and further from it, 
and he must go over to the adversary, finally, as there is no 
intermediate tenure. But in all cases of such change of 
opinion, there seems to have been a feeling, not unlike that 
in political cliangesj at the present day. One who goes 
over from tlu; opposition, to the Jackson ranks, feels that he 
has a defence to make : while one who abandons Jackson- 
ism holds his head up, and feels that he has done an act for 
which he may respect himself Thus in politics, as in 
morals, there is a sense of right and wrong, which men are 
alive to, whether they admit its influence or not. There 
are few Jackson men in the United States, (who can pre- 
tend to good sense, and sound principle,) who do not feel 
a degree of shame that they are such. 



ON PUBLIC CHARACTERS. 191 

It is the disease of republics, that they give life and action 
to craving, knavish pretenders to integrity and patriotism. 
They are the humble servants of any power tliat has any- 
thing to bestow. They are incompetent to gaining their 
daily bread in any of the industrious orders of social life ; 
and must, therefore, be where they can catch the droppings 
of the treasury. Political chevaliers (rineh/sfrie, they are 
ready to profess, and to do, anything that promises gain and 
power. But, such patriots must keep careful reckonings, and 
make accurate observations. They change their course once 
too soon or too late, and blunder ; and then all eyes are turn- 
ed to the course which they have run. The wreck that fol- 
lows, has no one's sympathy or compassion. They learn, too 
late, that honesty is the best policy no less in political, than in 
common affairs. There is rarely a Talleyrand among them. 
There is one hope for such men ; that is — if the republic 
can be converted into despotism, while they happen to be 
in favor, they may acquire a stability of position in support- 
ing a tyranny, which will support them. 

Mr. Jefferson's followers have already made some improve- 
ments on his theories. They have advanced now to the 
point, that the President, no, the man, who has been imposed 
upon the nation to hold that office, is " The Government." 
The laws. Congress, the judiciary, the constitution, are all 
nothing ; the man is everything. How far are we from a 
political Augustan age ? 

From the 4th of March, 1801, to the Tth of December, 
when Congress met, Mr. Jefferson had ample time to con- 
sider and determine, in what manner he would carry his 
will into effect, so far as legislative aid was tliereto indis- 
pensable. He lost no time in disclosing, tlioiigii with his 
accustomed plausibility, that all the fears which his op- 
ponents had entertained as to his policy, foreign and domes- 
tic, were to become realities ; and that all his dreaded pur- 
poses were to be enforced, in the full vigor of official power. 



192 FAMILIAR LETTERS 

It was common, thirty years ago, to charge Mr. Jefferson 
with deliberate wickedness in his office ; and to consider 
him as intending to disregard all the obligations which hon- 
orable, moral men, acknowledge. This was, probably, an 
injustice. It is more reasonable to suppose, that he had 
either a singular obliquity of perception, as to right, and 
wrong, both as a man and as an officer ; or, that he had 
undergone some strange perversion from that rank of moral 
agents, to which he was, by nature, destined. His adver- 
saries made no such apologies for him. They believed that 
he did wrong, knowing that it was wrong, and because he 
meant to do wrong. Accordingly they portrayed him in 
the public prints, at full length. Some of his friends had 
the indiscretion to introduce some of these sketches to the 
notice of the House of Representatives in Massachusetts, at 
the session in January, 1805. The newspaper in which 
the commentaries alluded to appeared, was published by the 
printers of the House. The object of the motion was to 
have the printers dismissed. It did not succeed. If these 
delineations of Mr. Jefferson were to go down as authentic 
proofs of the character of the man, he would fare but indif- 
ferently with that cool judgment of posterity, to which he 
confidently appeals. It is not intended to revive these 
personal criminations. Whether the assertions, so made, 
were mere calumnies, or truths, modified as they may 
have been, is immaterial to the present American pub- 
lic. His official conduct is most material, not only to 
the community of this day ; but it is to be feared, that it 
may be so, to every community, which is hereafter to arise 
in our country. 



ON PUBLIC CHARACTERS. 193 



LETTER XL 



June 30, 1833. 

Mr. Jefferson's opinions on the Judiciary were among 
the most mischievous of any which he entertained. He had 
a rooted dislike to Courts; particularly to those which were 
established at the recommendation of his friend, John 
Adams, as barriers against such encroachments as Mr. Jef- 
ferson was supposed to intend. These courts were not 
only constitutionally independent, but the judges who had 
been placed therein, were, nearly s\\, federalists. 

If there be anything which is capable of sustaining popu- 
lar governments, and keeping their action within legitimate 
constitutional boundaries, it is a learned, self-respecting, 
independent judiciary. To make the administration of 
justice, and all questions on the excess of power, dependent 
on popular excitement, is to assume, that mere human pas- 
sion is the best arbiter of right and wrong. On this subject, 
Mr. Jefferson entertained, and disseminated, the most ex- 
ceptionable doctrines. This seems to have been his theory : 
The people arc the sovereign; lohatsoever they loill is the 
law ; they choose me to declare their icill. My will is the 
law ; because the people's unll can he no othcrivise disclosed 
than by expressing my own. He seems to have been inca- 
pable of conceiving, that the people established judicial 
courts to control all of their own number, who should violate 
their own laws; and to control their own legislators, if they 
exceeded the limits of authority which the people had as- 
signed to them by the constitution. Much less could he 
conceive, that courts could bind him to do, or could prevent 
his doing, whatsoever he thought right. This was not tur- 
pitude in him, but inability to distinguish between right and 
wrong, as to the exercise of judicial power. 
17 



194 FAMILIAR LETTERS 

Whether this view of Mr. Jefferson is a correct one or 
not, may be judged of by the following extracts from his 
volumes. How many much stronger expressions may have 
been found therein, if his editor had thought fit to publish 
all of them, can only be conjectured. 

" The principal of them (federal leaders) have retreated 
" into the judiciary, as a strong hold, the tenure of which 
" renders it difficult to dislodge them." (Letter to Joel 
Barloip, vol. iii. p. 458, March 14, 1801.; 

" The courts being so decidedly federal, and irremov- 
" able, it is believed, that republican attorneys, and marshals, 
" being the doors of entrance into the courts, are indispen- 
" sably necessary as a shield to the republican part of our 
" fellow-citizens, which, I believe, is the main body of the 
"people." {Letter to W. B. Giles, March 23, ISOl, vol. 
iii. p. 4G4.) 

The celebrated Luther Martin was counsel for Burr. 
Mr. Jefferson frequently wrote to George Hay, conductor of 
the prosecution, during the trial. In a letter, (June 19, 
1807, vol. iv. p. 87,) he says : " Shall we move to commit 
" Luther Martin, as particeps criminis with Burr ? Gray bell 
" will fix upon him misprision of treason at least ; and, at any 
" rate, his evidence will put down this unprincipled, and 
" impudent /cf/cra/ bvll-dog, and add another proof, that the 
" most clamorous defenders of Burr, arc all his accomplices." 
This is a picture of Thomas Jefferson, drawn by himself, 
and presented to the world by one of his own family ! Ob- 
serve, that it is the chief executive officer of the United 
States, interposing in a judicial trial, to deprive the accused 
of counsel, who had no more to do with the crimes charged 
upon Burr, than Jefferson had. 

" The judiciary of the United States is the subtle corps 
" of sappers and miners, constantly working under ground, 
" to undermine the foundations of our confederated fabric. 
" They are construing our constitution from a co-ordination 



ON PUBLIC CHARACTERS. 195 

" of a general and special government, to a general and su- 
" premc one. This will lay all things at their feet ; and 
" they are too well versed in English law, to forget the 
" maxim, boni judicis est ampliare jurisdktionem. We 
" shall see if they are bold enough to make the stride their 
" five lawyers have lately taken. If they do, then with the 
" editor of our book, in his address to the public, I will say, 
"' ' that against this, every man should raise his voice ; ' and 
" more, should lift his arm."* (Letter to T. Ritchie, De- 
cember, 1820, vol. iv. p. 386.) 

In 1810, Mr. Jefferson appears to have been asked for an 
opinion, in a contemplated amendment of the Virginia con- 
stitution. He says, (vol. iv. p. 288,) " It has been thought 
" the people are not competent electors of judges learned in 
" the law, but I do not know that this is true ; and {(dmibtful 
" we should follow the principle. In this, as in many other 
" elections, they would be guided by reputation, which would 
'' not err, oftener, perhaps, than the present mode of ap- 
" pointment." In page 289, he sums up his theories : " 1, 
" General suffrage. 2. Equal representation in the legisla- 
" ture. 3. An executive chosen by the people. 4. Jtidges 
" elective or amovable. 5. Justices, jurors, and sheriffs, 
" elective." 

These were opinions, on the judiciary, not to be wondered 
at, in a man, who thought a rebellion, once in twenty years, 
a useful political occurrence. Such, however, were his opin- 
ions, after an experience in political life, prolonged through 
half a century. It has already been noticed, that when he had 
come into office, he assumed to pronounce laws, constitution- 
ally enacted, and which had been pronounced by the highest 
judicial tribunal to be laws, absolutely void, because they 
had not his approbation. Mr. Jefferson was as much bound 



* It is not recollected what Mr. Jefferson here refers to ; either as 
to " five lawyers" or as to " our book." 



196 FAMILIAR LETTERS 

by laws which he disliked, as by any other laws, which he 
had sworn to execute. Thus, it was his o])inion, that an 
act of the two branches of Congress, approved by the Presi- 
dent, and decided by the Supreme Court to be constitutional, 
could be defeated by one man, who happened to be raised to 
the executive power. 



LETTER XLI. 

July 7, 1833. 

When Congress met in December, 1801, Mr. Jefferson's 
message, (for lie chose to depart from the federal practice 
of going to meet Congress, and making a speech, and 
because a speech may be answered, and a message cannot,) 
suggested a revision of all federal measures, and an ab- 
rogation of them, so far as they were within congressional 
reach. This was done in his own plausible manner. He 
had a subservient Congress, who needed only to know what 
he thouglit was right, to think it so themselves. He sug- 
gested the repeal of taxes, the reduction of the diplomatic 
corps, the hauling up of the navy, the abolition of offices, 
and revision of the judiciary system. The last suggestion 
was intended to get at John Adams's " midnight judges " in 
their " strong hold." He says, in his message, that he had 
sent into every state to inquire into the whole number of 
causes tried, since the institution of the national govern- 
ment, and should submit the result of his inquiries; as 
though the number of suits was the measure of utility, and 
necessity, of the existing organization. In this session a bill, 
was introduced to repeal the recent law re-organizing the 
courts. 

While this bill was under discussion, the highly respect- 



ON PUBLIC CHARACTERS. 197 

able professional gentlemen of Philadelphia, sent a memo- 
rial to Congress, in which they disclaimed all interference 
of a political nature, but begged leave to state fticts, within 
their own experience. Among other things they said: 
" That under the former law, the greatest inconveniences 
" were experienced by the court, the bar, and the suitors. 
" That the judges were constantly engaged in traversing 
" the states, with little opportunity for reflection or repose. 
" Judges presided in states, the laws, usages, and prac- 
" tices of which, were essentially different from those in 
"which they were educated; and without adverting to 
" the casualties of indisposition, and weather, the inevitable 
" consequences of the late system were embarrassment, 
" uncertainty and delay." These gentlemen then go on to 
pronounce the highest eulogium on the new judges in their 
own circuit; the increased confidence in this tribunal, tS^c, 
" promises to render the court an honor, and a benefit to the 
" nation." They conclude by declaring, that " the aboli- 
" tion of the court will probably be attended with great 
" public inconvenience." This memorial was signed by 
thirty-seven persons, the first in age and eminence ; and 
among others by Joseph B. M'Kean, and A. J. Dallas, well 
known as two devoted friends of Mr. Jefferson. 

In the debate on this bill, the two great champions were 
James A. Bayard, and William B. Giles. The former 
maintained with eminent ability, that Congress had not the 
power to deprive the judges of their stations by the indirect 
course of repealing the law under which they were ap- 
pointed. But, the day of Jeffersonian dominion had come. 
The question of constitutionality, and of expediency, was in- 
significant when opposed to the President's pleasure. The 
courts were abolished, and Mr. Jefferson had the gratifica- 
tion of signing a law, which expelled the federal judges 
from their " strong hold," and of seeing them all reduced 
to the rank of private citizens. The real evil in this matter 
17* 



198 FAMILIAR LETTERS 

is, that an example was thus given of the facility with which 
the judiciary may be subjected to the will of a party ; this 
was ill ])crfect accordance with Mr. Jefferson's notions of 
proj)riety. Some praise is due to Mr. Jefferson, for not 
having demolished the Sajji-ctnc Court, as well as the Circuit 
Courts, that he might have routed Chief Justice Marshall, 
as to whom his volumes contain no equivocal opinion. This 
he might have done as legally as that which was done. 

It cannot be too often brought to view, that the excellence 
of our government, in comparison with any ever before 
known, is, that while popular and elective, it has a power, 
intended to control other branches when they transcend 
their powers. Demolish this branch, and the union of the 
two others would make a more terrible despotism, than any 
one man can exercise, because it would be despotism with 
all the force of law. We have already seen a near approach 
to this, as we shall have occasion to notice, in considering 
the embargo laws. It is true tliat the sovereign people may 
arrest such a combination by the right of election. But 
such combination arises from perversion of public opinion, 
and holds its supremacy, by relying on that perversion. 
In such case, the slow, though sure process of the judiciary, 
is the only remedy. Is it not surprising, that a vigilant and 
jealous community should not so understand the meaning of 
its own deliberately adopted constitution ? Ought we not 
rather to wonder, that our nation has preserved its republican 
forms so long, when such a man as Mr. Jefferson, construing 
the constitution as he did, was so long the popular idol ? The 
power of party is fearfully illustrated by the fact, tliat there 
are so many men in this country, and in high stations too, who 
cannot be ignorant of the destructive tendency of Mr. Jeffer- 
son's doctrines, who nevertheless quote them as authorities. 

Mr. Jeflierson may not have intended to abolish the Su- 
preme Court ; he does not appear to have attempted it. It 
is not known, from his volumes, that he took any part in the 



ON PUBLtC CHARACTERS. 109 

effort to remove the judges of that court. In the memora- 
ble trial, presently to be mentioned, it is not apparent, from 
anything published, that he therein interested himself, ex- 
cepting that he somewhere remarks, " the farce of impeach- 
" ment will not be tried again." But as Judge Chase was 
impeached for his conduct in trying a citizen for the breach 
of a law, of which Mr. Jefferson had recommended a repeal ; 
and for his conduct in trying James Thompson Callender, 
(that man of science whom Mr. Jefferson befriended,) for 
the breach of a law which Mr. Jefferson adjudged to be un- 
constitutional and void, it is probable, that the prosecution 
of Judge Chase had, at least, his entire approbation. If this 
magistrate could have been sacrificed, there would have 
been little difficulty in removing other obnoxious judges. 
Their seats would have been filled by men who would have 
had an eye to executive pleasure, however they might have 
seemed to the people. This would have been better suited 
to Mr. Jefferson's purpose, than an abolition of the court, 
which he cannot be suppo.sed to have desired. 

The trial of Judge Chase is one of the most remarkable 
events in the history of our country, whether considered in 
relation to the accused, to the character of the accusation, 
the members of the court before which the trial was had, or 
the motives and labors of those who conducted the defence : 
Remarkable, indeed, that the person who presided at the 
trial (Burr) was then under indictment for murder, and was, 
two years afterwards, prosecuted by Mr. Jefferson, and ar- 
raigned and tried on the charge of treason : but not remark- 
able, that Mr. Jefferson hoped to make out a sufficient cause 
for impeaching the presiding judge, at the latter trial. 

Samuel Chase was born in Maryland. He was at the 
head of the patriot party in that state, during the revolution- 
ary days. He was a signer of the declaration of indepen- 
dence. But, he was a. federalist. At the time of the trial 
on impeachment before the Senate, he was nearly sixty-four 



200 FAMILIAR LETTERS 

years old, and much impaired in bodily strength. In his 
full vigor, he was a man of herculean frame, and vigorous 
mind ; a learned and honest man no doubt, but not of cour- 
teous manners, on the bench. 

In preparation for the expected hostilities with France, 
in Mr. Adams's time, a law passed in July, 1798, for a val- 
uation of houses, lands, and slaves; and in the same month, 
another act was passed, for assessing a direct tax, in con- 
formity to such valuation, In February and March follow- 
ing, an insurrection occurred in the western part of Penn- 
sylvania, to resist tlie execution of these laws. Among the 
insurgents was John Fries. This man was tried before 
Judge Patterson, in April following, at Philadelphia. The 
fact of resisting the execution of the law was clearly proved. 
The defence was : " to resist by force of arms a particular 
" law of the United States, does not amount to ' levying war ' 
" against the United States, within the true meaning of the 
" constitution, and, therefore, is not treason, but a riot only." 
Judge Patterson, and Judge Peters, (district Judge,) held 
such resistance to be treason. A new trial was had, not on 
account of erroneous opinion on the law ; but because a 
juror had expressed, before he was sworn on the trial, an 
opinion unfavorable to the accused. In April, 1800, Fries 
was again tried. Before the trial. Judge Chase put his 
opinion of the law in writing ; which was in conformity 
with that of Judge Patterson. This opinion he caused to 
be copied, one copy for the counsel of Fries, one for the at- 
torney for the United States, and one was intended to be 
given to the jury when they retired, and to be carried out 
by them, and used in their deliberations in finding a verdict. 

When Fries was brought in for trial, and before the jury 
were sworn, the judge informed his counsel that he had put 
this opinion in writing, to sliovv what tlie meaning of " levy- 
ing war" according to the constitution, was understood by 
the court to be. Mr. Lewis, and Mr. Dallas, counsel for 



ON PUBLIC CHARACTERS. 201 

Fries, notwithstanding Judge Chase informed them, that 
they would be permitted to offer arguments to the court, to 
show them that they were mistaken in the law, said, that 
they did not any longer consider themselves as counsel for 
the prisoner. The prisoner was asked whether tlie court 
should appoint other counsel ; and he declined having any. 
The trial proceeded without counsel. Fries having challeng- 
ed thirty-four jurors. He was convicted, and sentenced, 
and afterwards pardoned by President Adams. This trans- 
action was one ground of impeachment. 

The trial of J. T. Callender occurred in the month of 
May, (1800,) at Richmond. The ground of impeach- 
ment, in this case, was the alleged illegal, and opi)ressive 
conduct of the judge. The charges against Callender were 
for expressions in his " Prospect before Us," concerning John 
Adams, some of which liave been noticed in a former page.* 
A minute examination would require more space than this 
subject is now worth. The impeachment was drawn up, in 
relation to this trial, with extreme particularity, and with all 
the bitterness of malignant party spirit. 



LETTER XLII. 

JuLV 10, 1833. 

In January, 1804, John Randolph, jr. moved the impeach- 
ment against Judge Chase, which was carried about two to 
one; but it was not prosecuted until the following session, 
in November. On the 2d of January, 1805, Judge Chase 
appeared before the Senate, and the 4th of February was 
assigned for his trial. The Senate Chamber was fitted up 

* See page 131. 



202 



FAMILIAR LETTERS 



in an appropriate manner ; and with places for various 
official dignitaries. The accused appeared with Luther 
Martin, R. G. Harper, and Joseph Hopkinson, as his counsel. 
The managers on tlie part of the House, were Messrs. Ran- 
dolph, Rodney, Nicholson, Clark, Campbell, Boyle, and 
Early. The pleas and answer, took nearly four hours in 
the reading ; the Judge read the introductory part, Mr. 
Harper then read more than an hour, Mr. Hopkinson con- 
tinued tlie reading two hours, and the accused read the con- 
cluding part, in a most solemn and impressive manner. This 
able and eloquent answer was in itself a complete refuta- 
tion of the criminality of the charges. The prosecution 
was not considered, at the time, to have been so ably as 
malignantly, conducted, so far as party feeling was involved. 
But the counsel of Judge Chase did themselves the highest 
honor, as lawyers, as men of kind feelings, as gentlemen, 
and as orators. Mr. Hopkinson, though then a young man, 
acquired for himself an exalted reputation. The two other 
counsel had long been of established fame. The trial lasted 
until the first of March, when the Judge was acquitted. 
The whole number of Senators was thirty-four. Two thirds 
of the whole must have concurred in a conviction. To what 
extent it was merely a political experiment may be judged of 
by the answer to the question, Is the accused guilty, or not 
guilty 1 There were eight distinct charges. The federal- 
ists, viz, — Mr. J. Q. Adams* Mass. ; Mr. Bayard, Del. ; 
Mr. Bradley, Vt. ; Mr. Dayton, N. J. ; Mr. HiWiouse, 
Conn. ; Mr. Mitchell, N. Y. ; Mr. Olcott, Vt. ; Mr. Picker- 
ing, Mass. ; Mr. Plumcr, N. H. ; lyir. Smith, Va. ; Mr. 
Smith, N. Y. ; Mr. Smith, Ohio ; Mr. Tracy, Conn. ; Mr. 
White, Del.; — voted not guilty, on all the charges; so 
also did Mr. Gaillard, S. C. who is not supposed to have 

* This trial occurred before Mr. Adams had changed his opinions 
as to the federal party. 



ON PUBLIC CHARACTERS. 203 

been a federalist. Tho.se who answered that Judge Chase 
was guihy, on some of the charges, and who are supposed 
to have been all Jeffersonians, were the following : Messrs. 
Anderson, Baldwin, Brackenridge, Brown, Cocke, Condit, 
Ellery, Franklin, Giles, Rowland, Jackson, Logan, Maclay, 
Moore, Samuel Smith, Stone, Sumpter, Worthington, 
Wright. The answers of the latter class, were very much 
varied ; no one considered the accused as guilty on all the 
charges. So this experiment to subject the judiciary to the 
executive and legislative departments, failed in this instance, 
if such was the design. 

This trial may be considered under different aspects. 
The President, the judges, and other civil officers, may be 
guilty of high crimes, and misdemeanors, in their official 
stations, and some provision must exist, for their removal, 
and disqualification to hold office in future. This provision 
may be righteously, or oppressively carried into effect. To 
what end it was applied, in this instance, all may judge 
from the circumstances of the case, and from the temper of 
the prosecution. 

The acts ciiarged as crimes, were done nearly five years 
before the trial, and during a federal administration. The 
accusation was made in a House of Representatives, of 
which two thirds of its members were there, because they 
were opponents of that administration. The accusation was 
to be heard and tried in a tribunal, a large majority of whose 
members were of the same political cast. There was an ex- 
pectation that the accused could not escape a judgment of 
condemnation. It is a disheartening truth, that in the best 
of governments which men have invented, the malignity of 
passion may assume all the attributes of impartial justice ; 
and that the promptings of per.sonal hostility may infuse a 
spirit into a body of men, which impels them to do, in their 
official stations, such acts as each one of them alone, would 
be ashamed to do. That which is still more disheartening 



204 FAMILIAR LETTERS 

is that as this country grows older, and as its population 
increases, and its parties become more and more embittered, 
those who submit through ignorance or fraud, to the influence 
of party delusion, will avail themselves of the constitutional 
machinery, to remove and to crush political adversaries. In 
all such painful forebodings, it is impossible to free one's self 
from the belief, that Mr. Jefferson, whether he so intended 
to do or not, has by his example and his opinions, done 
more than any other man, to mislead and pervert his fellow 
citizens. His theories of social union, and government, 
were irrational and impracticable. He substituted mere 
popular impulse, which cunning men can make to be what 
they will, for the enlightened and honest application of 
abstract rules. Popular election, really intended to be the 
protective power which the people have reserved to them- 
selves, was converted by him, into the dangerous engine by 
which the people themselves may be enslaved, and made to 
rejoice in their own chains, since it is their own act which 
puts them on. There are numerous instances in proof that 
this may be so. To say nothing of events in the decline of 
the Roman republic, there are proofs enough in the recent 
history of France. At this day, the President of the United 
States is sustained in his views of constitutional power, by 
the popular will. That will is none other than his own. It 
makes no difference whether a majority stand ready to ratify 
and applaud all that a President calls right ; or whether the 
popular will is created by such means as Mr. Jefferson was 
supposed to have organized, and to have bequeathed to his 
countrymen, as his mode of" hringing back the constitution 
" to its original principles." 



ON PUBLIC CHARACTERS. 205 



LETTER XLIII. 

September 3, 1833. 

■ The great achievement of Mr. Jefferson's first four years, 
was the purchase of Louisiana. This country had belonged, 
in early days, to the French, whence its name. It was after- 
wards ceded to Spain, with the Floridas; thus there was a 
territory, which stretched across the Mississippi, and extend- 
ed southwardly to the ocean, in the possession of a foreign 
power. In Washington's time, (October 27th, 1795,) a 
treaty was made with Spain, whereby this right was secured : 
*' His catholic majesty will permit the citizens of the United 
" States, for the space of three years, from this time, to de- 
" posite their merchandise, and effects, in the port of New 
*' Orleans, and export them from thence, without paying any 
" other duty than a fiiir price for the hire of stores; and his 
" majesty either promises to continue this permission, ^c, 
" or if he should not agree to continue it there, he will assign 
" to them, on another part of the banks of the Mississippi, 
*' an equivalent establishment." 

In the same year (1795) a treaty, offensive and defensive, 
had been made between France and Spain. In 1801 and 
1802, the Spaniards, under the influence of France, com- 
mitted the most offensive aggressions, wherever they came 
in contact with American shipping, or citizens. They 
captured and carried into their ports, more than 130 Ameri- 
can vessels ; seized and imprisoned the American consul at 
a port in the island of Cuba ; and as early as October, 1802, 
Morales, Intendant of Louisiana, gave notice, that American 
citizens would no longer be permitted to deposite their goods 
at New Orleans; nor was any " equivalent establishment" 
assigned. These wrongs, on the part of Spain, were well 
known to Mr. Jefferson, long before the meeting of Congress 
18 



206 FAMILIAR LETTERS 

in December of this year (1802). But the message was 
entirely silent concerning all Spanish aggressions. In 
January, 1803, the House of Representatives called on the 
executive for information, and the fact of the interruption 
of the right of deposite, was communicated; and, at the 
same time, a secret message was sent, and debated with 
closed doors. This message is too long to be copied, and is 
not worth the labor. It shows only the sort of policy pursued 
by Mr. Jefferson, which must be apparent on many other 
occasions. 

On demanding of Spain to redress this wrong, and to com- 
ply with the treaty stipulation, the American minister was 
informed that Louisiana had been ceded to France. Mr. 
Jefferson then undertook, without consulting Congress, to 
purchase Louisiana of France, for fifteen millions of dollars; 
and to incorporate its inhabitants with those of the United 
States. The people of that country were a mixture of 
Spaniards and Frenchmen, in number about two hundred 
and fifty thousand. The time taken for this measure, was 
during the peace of Amiens, as it was called, which lasted 
from September, 1802, to the 17th of May, 1803. The 
purchase was concluded in April, 1803. 

This was a perilous and extraordinary assumption of 
power; and was most seriou.sly condemned, on p7-inciple, by 
all the opponents of the administration. Mr. Jefferson ad- 
mitted, that he had no constitutional right to make this pur- 
chase. It was said, at the time, that one object was to aid 
France ; the other to escape the responsibility of asserting 
the rights of the United States by force. 

The federal party were reproached for their opposition to 
this wise measure ; but if the subject be viewed as it then 
appeared, they were clearly right. 1. The title of France 
was contingent. The treaty of Spain and France provided, 
that if the Duke of Parma, son-in-law of the King of Spain, 
were made King of Etruria, that within six months after- 



ON PUBLIC CHARACTERS. 207 

wards, Louisiana should be ceded to France. Of course the 
title was to he made. 2. The boundaries of Louisiana 
were left undefined, furnishing thereby a cause of future 
contentions. 3. The liromisc of a title was fraudulently 
obtained from Spain, by the ministry of Godoy, whose acts 
Spain might, at some future day, disavow. 4. The French 
subjects of Louisiana could, and would, probably, have made 
any treatment of them by the United States, a sufficient 
claim to the interposition of Bonaparte to protect them. 5. 
The patronage acquired by the President, over this territory, 
was little short of a royal authority. 6. There was a pro- 
vision, that the inhabitants of Louisiana should be citizens 
of the United States. It would have required an amend- 
ment of the constitution to make them such, which amend- 
ment was never made, nor proposed. 7. Louisiana was 
then, not in possession of France, but of Spain ; and the 
treaty of purchase itself provides, that a French commissioner 
should go out to receive possession, from the Spanish officers, 
and make a delivery to the United States. These (and 
many more objections might be stated) were very sufficient 
grounds to the opposition, to say nothing of the price, alleged 
bribery, and hurry of the transaction. At the time of sio-n- 
ing the treaty, it was well known that war between France 
and England was inevitable, that the bargain must be forth- 
with made, or that the opportunity of favoring France would 
be lost. Within twenty days hostilities were rencAved. 

This diplomatic operation has proved to be far more ad- 
vantageous to the United States, than there was any ground 
even to hope for, thirty years ago. The fears, then enter- 
tained, have disappeared in the changes which have occur- 
red in the power, and in the probable designs, both of France 
and Spain, in relation to this country. And also, that what- 
ever Mr. Jefferson's motives may have been, and however 
assuming, to make this purchase, it was certainly better to 
have made it, and in whole, than to have had either a 



208 FAMILIAR LETTERS 

Spanish or French colony, on the banks of the Mississippi. 
Thus, Mr. Jefferson was so fortunate as to find, that an act 
which would have called for an impeachment under some 
circumstances, is now regarded as the most meritorious of 
his public life. It will be seen, hereafter, how well founded 
the apprehensions of Mr. Jefferson's opponents were. With 
respect to the sum, (fifteen millions,) it was probably thrice 
as much as needed to have been given ; because Bonaparte 
knew, at the time of the purchase, that on renewal of the 
war, the whole country of Louisiania would be taken posses- 
sion of by the British ; and would consequently be lost both 
to France and Spain. 

Mr. Jefferson's merits in this purchase, are not to be esti- 
mated by the subsequent turn of affairs in Europe, as to 
France and Spain, which no one foresaw, or imagined ; and 
least of all men should Mr. Jefferson applaud himself, since 
he wished and believed, that Bonaparte would subdue Eng- 
land, instead of being subdued and exifed himself If Mr. 
Jefferson's ardent wishes had been realized, the people of 
the United States would have regretted the expenditure of 
their millions, which would have become necessary in de- 
fence against the power to whom they were given. In fact, 
this brilliant achievement was a humiliating, degrading 
policy in itself, and should be the least of all Mr. Jefferson's 
claims to an honorable fame, notwithstanding it has proved, 
so far as can now be discerned, a useful measure, excepting 
in the amount which it cost. 



LETTER XLIV. 

September 7, 1833. 

Among the best legislative acts of John Adams's presi- 
dency, was the law for regulating the admission of aliens to 
citizenship. Is it not enough that this country opens its 



ON PUBLIC CHARACTERS. 209 

ports to ail men, wheresoever born, and howsoever educated ; 
and whether educated or not : and secures to them protec- 
tion of person and property ? Is it right and just, relatively 
to our own citizens, to confer on aliens, an equal share in 
the sovereignty, after a short residence, whether such aliens 
do, or do not know, anything of the institutions of this 
country? Whether Mr. Jefferson considered the restrictive 
provisions of the recent law, inexpedient in themselves; or 
whether he included that law in his general condemnation 
of all federal measures, merely because they were such, is 
doubtful. If the former, his policy was erroneous ; if the 
latter, it was only characteristic. No country but the United 
States ever adopted (it is believed) such a policy. Its 
operation in some of the maritime cities is felt to be a serious 
evil, whatever it may be in the new states. Even the latter 
have derived no benefit from it, compared with its disad- 
vantages. Impolitic as it may be, it is one of the evils which 
Mr. Jefferson has sanctioned ; and there is little hope now, 
that it will ever be removed, by returning to the wise pro- 
visions of the law of which Mr. Jefferson recommended the 
repeal. As the law is now construed, any alien who makes 
a previous declaration, of two years' standing, in certain 
courts, of intention to become a citizen, may become such, 
with some ceremonies easily accomplished. 

In proposing the repeal of the naturalization law, as it 
had been recently amended, as a federal measure, Mr. Jef- 
ferson in his message of December, 1802, uses these words : 

" I cannot omit recommending a revisal of the laws on 
" the subject of naturalization. Considering the ordinary 
" chances of human life, a denial of citizenship under a resi- 
" dence of fourteen years, is a denial to a great proportion 
" of those who ask for it ; and controls a policy pursued from 
" their first settlement, by many of these states, and still be- 
"lieved of consequence to their posterity. And shall we 
" refuse to the unhappy fugitives from distress, that hospi- 
18* 



210 fAMlLIAR LETTERS 

" tality which the savages of the wilderness extended to Oiif 
" fathers, arriving in this land ? Shall oppressed humanity 
" find no asylum on this globe ? The constitution, indeed, 
" has wisely provided that, for admission to certain offices of 
" important trust, a residence shall be required sufficient to 
" develope character and design. But might not the general 
" character and capabilities of a citizen be safely communi- 
" cated to every one manifesting a bona fide purpose of em- 
" barking his life and fortunes permanently with us ? With 
" restrictions, perhaps, to guard against the fraudulent 
" usurpation of our flag ; an abuse which brings so much 
" embarrassment and loss on the gcmiinc citizen, and so 
" much danger to the nation of being involved in war, that 
" no endeavor should be scared to detect and suppress it." 

This is a genuine JeflTersonian paragraph. Is it to be 
most admired for its clearness in communicating the writer's 
thoughts; for its elegance of expression ; for its sound 
policy ; for its paternal care of the American flag ; or for its 
wise precaution in keeping the nation from war, to protect 
aliens? Every benefit that Mr. Jeffijrson desired for aliens, 
they had, as the law was when this message was sent, except 
the right of voting, and of holding real estate. Alienao-e is 
not a bar to purchasing, and holding, and alienating real 
estate ; though it is to transmitting it to heirs. In some 
states, aliens may hold real property for all purposes for which 
a native citizen may hold it. Mr. Jefferson must have de- 
sired, therefore, principally to vest in them the right of suf- 
frage, which is a very interesting point to native citizens, 
considering the great number of foreigners " arriving in this 
land." There have been some arguments against such a 
policy ; and among others, these : 

" It is for the happiness of those united in society, to har- 
" monize, as much as possible, in matters which they must 
" of necessity transact together. Civil government being 
" for the sole object of forming societies, its administration 



ON PUBLIC CHARACTERS. 211 

" must be conducted by common consent. Every species 
" of government has its specific principles. Ours are more 
" peculiar, perhaps, than those of any other in the universe. 
" It is a composition of the freest principles of the English 
" constitution, with others derived from natural right, and 
" natural reason. To these, nothing can be more opposed 
" than the maxims of absolute monarchies. Yet from such, 
" we are to expect the greatest number of emigrants. They 
" will bring with them the principles of the government they 
"leave, imbibed in their early youth; or, if able to throw 
" them off, it will be in exchange for an unbounded licen- 
" tiousness, passing, as is usual, from one extreme to another. 
" It would be a miracle were they to stop precisely at the 
" point of temperate liberty. In proportion to their num- 
" bers, they will share with us the legislation. Suppose 
" twenty millions of republican Americans thrown all of a 
" sudden into France, what would be the condition of that 
" kingdom ? If it would be more turbulent, less happy, less 
" strong, we may believe that the addition of half a million 
" of foreigners to our present numbers, would produce a 
" similar effect here," 

This is Mr. Jefferson's own argument, taken from his 
" Notes on Virginia," pages 125, 12G. Probably it was 
enough to change his views, that the recent naturalization 
law had been made by federalists. If not, suflicicnt reasons 
may be found in the policy, disclosed in his administra- 
tion, with respect to England ; and plainly discernible in 
his message on naturalization. 



212 FAMILIAR LETTEHS 



LETTER XLV. 

September 11, 1833. 

A navy is indispensable to a commercial country, and to 
no one more than to the United States. It now has the un- 
qualified confidence and respect of the whole nation. Wash- 
ington began it, in fact, whoever may contend for the honor 
of originating the establishment. In Mr. Adams's time, it 
attained to some celebrity, and was growing in respect and 
confidence. What sort of a navy was it ? Such as other 
commercial nations have established, and ever must establish, 
to meet the naval force of any other country. It consisted of 
ships, well armed, officered, manned, and disciplined. One 
of the earliest built ships is still the pride of the nation 
(" Old Ironsides "). Now what did the economical and phi- 
losophic Mr. Jefferson think it best for this commercial 
country to do with this infant navy ? He recommended its 
reduction, and would, probably, have been glad to see it 
annihilated. There is no way of knowing from what Mr. 
Jefferson said, what he really intended, so far as his " mes- 
sages " expressed his meaning. When he came into power, 
there were fifteen frigates, and twelve smaller ships. The 
former were immediately reduced to nhie, and the latter to 
two. Instead of such vessels of war as other maritime 
nations have, he substituted a quantity of gun-boats, which 
were fit for nothing but to destroy the lives of those who at- 
tempted to navigate them. A small bSat with one great 
gun mounted on its bow, was well adapted to roll over in a 
heavy sea ; and so it proved, on actual experiment, and Mr. 
Jefferson's gun-boats have long been abandoned ; and even 
he seems to have been convinced of the folly of the inven- 
tion. He says himself, " This species of naval armament 
" can have little effect towards protecting our commerce in 



ON PUBLIC CHARACTERS. 213 

" the open seas, even upon our own coasts." This was an 
unexpected concession, and could have been drawn forth 
only by the truth, reluctantly admitted, tliat fifty such boats 
were so many egg-shells against a fifty-gun ship. In the 
" open sea " they were useless, and if good lor anything any 
where, it could only be in shallow water, where no enemy's 
vessel could come. 

Then as to the economy of this armament. It appears 
from the ofiicial report of Mr. P. Hamilton, Secretary of the 
Treasury, soon after Mr. Madison came to tlie presidency ; 
That the frigate President of 56 guns, cost $221,000 
Fifty-six gun-boats, would cost 490,000 

Annual expense of a 50 gun-frigate 120,000 

Annual expense of 56 gun-boats 655,200 

Balance against gun-boats 535,200 

Each gun in a frigate is supposed to be main- 
tained at an annual expense of 2,142 
Each gun, in a gun-boat, at an annual cost of 11,700 
This gun-boat scheme, is a fair illustration of the utility 
and economy of Mr. Jefferson's administration. This sort 
of" armament," if such it can be called, seems to have been 
authorized by act of Congress in 1803. Mr. Jefferson kept 
it up during his presidency. It disappeared soon after his 
retirement. 

It is not distinctly remembered, after the lapse of nearly 
thirty years, how Mr. Jefferson's etdogists cousidered this 
exploit of the gun-boats ; nor whether they applauded Mr. 
Jefferson for his ingenuity in devising means for conquering 
the enemies of the country, or of defending it against their 
attempts at conquest ; nor whether they applauded him for 
his tenderness in guarding the money taken from " the 
mouth of labor : " Or only for his philosophy. But this is 
remembered, that among those who were of his party, it was 
always certain, that a federal President could not do right, 
and that Mr. Jefferson could not do wronor. 



214 FAMILIAR LETTERS 



LETTER XLVI. 

September 15, 1833. 

Louisiana having been purchased, a question soon arose 
as to boundaries ; no other description being given in the 
treaty, than that the territory purchased was that which 
France held before Spain acquired it. Mr. Jefferson con- 
sidered this to mean an extent of country, eastwardly from 
the Mississippi, to the bay of Perdido. Spain, then liolding 
Florida, insisted that the limit was the river Iberville ; thus 
cutting ofi' about 30,000 square miles. This disputed terri- 
tory had already been made a collection district by act of 
Congress. When Spain denied the claim of the United 
States, and forcibly expelled American citizens from this 
territory, Bonaparte was applied to for an explanation. He 
answered that France had no right beyond the Iberville, and, 
consequently, could not mean to sell any. Spain, displeased 
with the cession to the United States, refused to treat, insist- 
ing that the Iberville was the boundary. While affairs were 
in this condition, two remarkable events occurred, the Mi- 
randa expedition, and the beginning of Burr's proceedings 
in the west. Both these affairs are very extraordinary in 
their details, but cannot be followed out, in these sketches, 
further than may be necessary to show the character of Mr. 
Jefferson's administration. 

Miranda was the grandson of the governor of Caraccas. 
He was in Franc? in the early part of the revolution, and went 
through a variety of fortune, as a military officer, in the 
French service, and as a persecuted individual as successive 
factions arose. In 180G, he devoted himself to emancipate 
South America ; and knowing of the hostile spirit which 
had arisen between Spain and the United States, he came 
hither in the hope of advancing his project. He openly fitted 



ON PUBLIC CHARACTERS. 215 

out and armed a ship called the Leander, in the port of 
New York. Several Americans having, or supposing they 
had, the assent or approbation of the government of the 
United States, aided Miranda in this expedition ; and a 
number of young men of respectable connexions, embarked 
on board the Leander, and departed with Miranda, all which 
was supposed to be well known at Washington, as no secret 
was made of the purpose of Miranda. 

The following is copied from a volume, entitled, " Memoirs 
of Thomas Jefferson." Whether the facts therein stated 
are true, or not, must be judged of from other facts which 
are not disputable. Miranda, " in December, 180-5, went 
" to Washington, where he had an interview with Mr. Mad- 
" ison, the Secretary of State, and laid before him, and the 
" President, a plan of an expedition against the Caraccas. 
" He showed them letters from friends in that country, 
" which went to prove, at least, the great probability of suc- 
" cess ; and unfolded to them a plan of the government, 
" which he meant to establish in those provinces. The 
" President attentively perused, and considered the plan ; 
" kept it twenty-four hours, and then returned it to the 
*' General, (Miranda,) with expressions of much approbation. 
" Miranda urged the cooperation of the American govern- 
" ment. Mr. Madison replied, that Congress did not ap- 
" prove of going to war with Spain. Miranda replied, that 
" though government should not be disposed to aid him, he 
" would carry the plan into execution himself, provided they 
" would not interfere with his preparations ; to which the 
" Secretary made answer, that provided Miranda proceeded 
" with proper precaution, so as not to commit them, the 
" government would shut their eyes upon the matter. With 
" this assurance, Miranda returned to New York to make 
" preparations." 

There is some probability of the truth of this account 
from the fact, that Colonel William S. Smith, son-in-law to 



216 FAMILIAR LETTERS 

John Adams, was made acquainted with the design, and 
permitted his son, William Steuben Smith, to accompany 
Miranda. Mr. Samuel G. Ogden furnished Miranda with 
the ship Leander, to proceed to the town of Caraccas, and 
to land him there, or as near thereto, as might be. Miranda 
carried out 180 men, large quantities of military stores, two 
printing presses, and a number of journeymen printers. All 
this was conducted so openly, as to be a subject of common 
conversation. The ship was regularly cleared at the cus- 
tom-hoiKse, and remained several days afterwards, in port, 
to increase the number of men. All this, with the ex- 
ception of Miranda himself, and, perhaps, a very hw others, 
was American. Tlie Leander sailed early in 1S06. 

On the 1st of March, 1806, Colonel Smitli and Mr. Og- 
den, were arrested on a warrant of Judge Tallmadge, and 
being brought before him, each was informed, that he was 
called on to give evidence against the other. Questions 
were propounded, and these gentlemen were threatened 
with imprisonment, if they did not answer. Finding this 
consequence inevitable, they made and signed a written de- 
claration of what they knew. A most remarkable prosecu- 
tion was carried on against these two men, by a Jeffersonian 
judge ; all of which may now be seen of record ; but when 
it came to the opinion of a jury, they were honorably acquit- 
ted. One would like to know what Mr. Jefferson, and Mr. 
Madison, had to do with this prosecution ; what motives they 
had for countenancing this expedition of the Leander, up to 
the hour of her departure ; and then turning upon Smith 
and Ogden, to sacrifice them in the forms of a judicial pro- 
cess ? May it not have been for two purposes : first, to have 
all the mischief done to Spain, which Miranda contemplated ; 
and secondly, to exculpate themselves, if Spain, or France, 
should complain ? If such were the motives, what name 
should be given to such statesmen ? The end of this expe- 



ON PUBLIC CHARACTERS. 217 

dition was unfortunate enough for those who engaged in it. 
They were taken, and most of them ended their lives in 
Spanish dungeons. The gallant and accomplished Miranda, 
was sent to Spain, and confined in the dungeons of the in- 
quisition at Cadiz, where he died at the end of four 3'ears. 
He was called " the earliest martyr of freedom in Spanish 
America." 

As to " Burr's conspiracy," this unfortunate man, on 
leaving the Vice Presidency, in 1805, became a wanderer. 
He appeared in the western states, in the course of that 
year ; and there attempted to carry into effect some designs, 
but precisely of what character is not certain. It may be, 
that he calculated on a war with Spain, and intended to ad- 
vance his own interests under the supposed approbation of 
the administration, as Miranda did. It may be, that he in- 
tended to possess himself of Mexico ; or, perhaps, to plunder 
New Orleans; or to sever the Union with the aid of Spain, 
and found a western empiie ; perhaps he intended, as a last 
resort, to effect a settlement of lands on the river Washita. 
His purposes do not appear to have been disclosed, so that 
they can be placed beyond conjecture. . Whatever his plans 
may have been, it is certain, that Mr. Jefferson knew, as 
early as January, 1806, that Mr. Burr was in the western 
country, and had plans of some sort, interesting to the Uni- 
ted States. 

Joseph Hamilton Daveiss, at this time attorney of the 
United States, for the district of Kentucky, published a 
pamphlet to show what he did to detect Burr. His pamph- 
let gives copies of the letters which he wrote to Mr. Jeffer- 
son, in the months of January and February of that year. 
In these letters, Daveiss discloses a very intimate connexion 
between the celebrated General Wilkinson, (Mr. Jefferson's 
military chief at New Orleans,) and Mr. Burr. He also 
mentions that two men of distinction in the western country, 
were under an annual stipend to promote the views of Spain. 
19 



218 FAMILIAR LETTERS 

It seems to have been intended by Spain, to detach all the 
country west of the mountains, from the United States, a 
very natural consequence of the purchase of Louisiana. 

The first letter of Daveiss is dated the 10th of January, 
1806. The first acknowledgment of it by Mr. Jefferson, is 
dated the 15th of February following. Although Mr. Da- 
veiss appears to have devoted himself, most faithfully, to the 
investigation of the designs going on in the western country, 
and wrote eight very circumstantial letters to Mr. Jefferson, 
the next communication from Mr. Jefferson was a short let- 
ter under date of September 13, 1806, merely acknowledg- 
ing the receipt of Mr. Daveiss's disclosures. What motives 
Mr. Jefferson had for taking no part in defeating Mr. Burr's 
purposes, at an earlier period, can only be conjectured. He 
might have intended to let Burr, like Miranda, do all the 
injury to Spain, which he could do, and, in his own time, to 
disavow these acts, and to have the gratification of punishing 
a man, who had dared to be a competitor with him for the 
Presidency. 

It appears, that towards the close of 1806, Colonel Burr 
did engage in some expedition to proceed down the Ohio, 
and the Mississippi ; that he had procured some boats, and 
that a small number of men were to accompany him. On 
the night of the 10th of December, 1806, there were assem- 
bled at Blannerhasset's Island, in Ohio river, a few men, 
who had two or three boats, on board of which some arms 
are said to have been laden. These boats departed that 
night, and arrived at the mouth of Cumberland river. Burr 
was not of this party, but descended the Cumberland with 
some boats, and there joined the Blannerhasset party ; and 
the whole force proceeded down the Ohio, and into the Mis- 
sissippi. The number of boats, after Blannerhasset united 
with Burr, was said to be not more than eight, and the 
number of men, not exceeding sixty. Before this time. 
Burr had been twice accused by grand juries in Kentucky ; 



ON PUBLIC CHARACTERS. 219 

but there was no sufficient ground to proceed against him. 
On hearing of the second accusation, he voluntarily pre- 
sented himself at court and was discharged. 

An extensive combination had, undoubtedly, been con- 
templated ; and in part effected, for some purpose. General 
James Wilkinson, then at New Orleans, was in some way 
connected with this affair, but in what manner, and to what 
extent, seems to be questionable. There was a communi- 
cation in cipher between him and Burr. The only letter 
so written seems to have had relation to an invasion of Span- 
ish territory. It is hardly doubtful whether the adminis- 
tration were ignorant of this. If they were not, it is difficult 
to account for continued confidence in Wilkinson to the 
close of his life. Some persons had gone by sea to New 
Orleans, in expectation of Burr's arrival, and among others, 
Mr. Swartwout, of New York, and the famous Dr. Boll- 
man. Whatever the plot may have been, it was entirely 
defeated. At the time which best suited the purposes of 
the administration, the western country was awakened ; or- 
ders were issued to the naval and military force of the United 
States to take Burr and his party, while descending the 
river, and " if it shall become necessary, for that purpose, 
to destroy his boats." Apprised of these measures. Burr 
thought proper to be landed somewhere on the shores of the 
Mississippi, and thence found his way to the Tombigbee 
River, in the Mississippi territory, on the 19th of Februar^, 
1807, accompanied by one person. 

It appears that Burr was in advance of his companion, 
thirty or forty yards, in passing a settlement called Wash- 
ington Court House, at about eleven o'clock at night. Burr 
passed on, without halting or speaking; but his companion 
inquired of one standing at the door of a public house, for 
the dwelling of a Major Hinson, and on being answered, 
followed Burr. The person inquired of, suspecting the first 
traveller to be Burr, followed with a sheriff to Hinson's, and 
there having his suspicions confirmed, went to Fort Stod- 



220 FAMILIAR LETTERS 

dard, and obtained a military officer, and four soldiers, who 
took Burr into their custody. He was thence conducted as 
a prisoner to Richmond, where he arrived towards the close 
of the month of March. 



LETTER XLVII. 

September 21 , 1833. 

On the 30th of March, 1807, George Hay, Esq. Attorney 
of the United States, for Virginia, applied to Chief Justice 
Marshall, to commit Colonel Burr on the charge of treason. 
A preliminary examination was had of the evidence, and 
the judge was of opinion, that it did not authorize a com- 
mitment for that crime, but only for a misdemeanor; and 
Burr was, therefore, allowed to find bail for his appearance, 
at the next Circuit Court, at Richmond ; bail was given. 

On 22d of May the Circuit Court was opened. The 
counsel for the prosecution, were George Hay, Alexander 
McRae, and William Wirt. For Burr, John Baker, Benja- 
min Botts, John Wickham, Edmund Randolph, and Luther 
Martin, appeared. At a subsequent day, Charles Lee also 
appeared. To these may be added Burr himself, who had 
been a lawyer of great eminence. Many days were passed 
in selecting a grand jury. Among others, William B. Giles 
had been summoned, who had been informed by Mr. Jeffer- 
son, of the certainty of Burr's guilt. This gentleman, no 
doubt at Mr. Jefferson's suggestion, had moved the senate 
to suspend the writ of habeas corpus, which motion, if suc- 
cessful in both branches, would have given Mr. Jefferson un- 
limited control over the personal liberty of every citizen in 
the United States. The motion was rejected, even by that 
Congj-ess. Mr. Giles seems to have had little doubt of his 
fitness to serve as grand juror. But after examination, and 



ON PUBLIC CHARACTERS. 221 

discussion, he withdrew. John Randolph (the same who 
was sent recently as minister to Russia) was foreman of the 
grand jury. 

There appears to have been much discussion in Court, on 
the evidence which should go to the grand jury. Among 
other persons called as witnesses for the government, was 
Dr. Erick Bollman, for whom Mr. Jefferson had prepared a 
certificate of pardon, which Mr. Hay presented to Bollman, 
in court, and which Bollman peremptorily refused to accept. 
He was, however, sworn and sent to the jury. 

While the jury were deliberating, the court were engaged 
in a long argument on a motion to punish General Wilkinson 
for contempt of court, in having unlawfully caused one Knox 
to be arrested, imprisoned, and forcibly conducted on board 
a United States vessel, called the Revenge, at New Orleans, 
and thence brought to Richmond, as a witness against Burr. 
The proceedings of Wilkinson appear to have been arbitrary 
and oppressive, and enforced by his military authority ; but 
the Chief Justice decided, that he was not chargeable with 
contempt. Wilkinson came from New Orleans in the same 
vessel. The precise charge against him was, that he had 
used illegal means ; and had invaded the privilege of wit- 
nesses, tending to the corruption of evidence ; and mate- 
rially to affect the justice and dignity of the court, so as to 
subject him to process of contempt. But, as before stated, 
the charge was not sustained. 

On the 24th of June, the grand jury came in with charges 
of treason, and misdemeanor, against Burr; and with like 
charges against Herman Blannerhasset. Afterwards similar 
charges were found against General Jonathan Dayton, and 
one Smith. Great difficulties occurred in selecting a jury for 
trial; party feelings had taken so strong a hold, that almost 
every person called, seemed to have made up his mind, from 
rumors and newspaper statements. The selection of a 
jury occasioned a long delay. 
19* 



223 FAMILIAR LETTERS 

On the 17th of August, Burr was put on trial, charged 
with having excited insurrection, rebellion, and war, on the 
10th of December, 1S06, at Blannerhasset's Island, in Vir- 
ginia. Secondly, the same charge was repeated, with the ad- 
dition of a traitorous intention of taking possession of the 
city of New Orleans, with force and arms. To all which he 
pleaded not guilty. 

Many witnesses were examined to show, in what manner 
Colonel Burr had employed himself, in the western country, 
in 1805 and 180G ; and to show that he had contracted for 
boats, and provisions ; and had conferred with divers per- 
sons, to some of whom he had disclosed one purpose, and 
to some another, according to the expectation of operating 
on them, through different motives. The probability is, 
that Burr was then a desperate man. He was an exile from 
the state of New York, in consequence of the pendency 
there of the indictment for the murder of Colonel Hamilton ; 
he had lost the popular favor ; his means had been much 
reduced; he held the administration in contempt; he had 
insatiable ambition ; and appears to have thirsted for oppor- 
tunity to distinguish himself, and to retrieve his standing, 
at all hazards. Yet, as circumstances now appear, one can- 
not but think that a man of Burr's sagacity, must have had 
some assurances, and encouragement from the government, 
or from its military chief, Wilkinson, that he might move 
against the Spanish territories, whatever other designs he 
may have had. If Burr had no such reliance on govern- 
ment, it is improbable so intelligent a person should have 
imagined, that he could proceed successfully with his few 
boats and men, even if permitted to do as he pleased. If 
his object was to seize New Orleans, he must have been 
deranged to think his armament sufficient for his purpose, 
if he had not been assured of Wilkinson's cooperation. If 
Wilkinson can be supposed to have favored Burr's design, 
he may have changed his mind, at a convenient time; or 



ON ttBLlC CHARACfERS, S2S 

he may have accepted Burr's confidence, with the intention 
of defeating his projects, when this could be most effectually 
done. It is very possible that Mr. Burr, who is yet living, 
may leave some account of these transactions. 

Among the witnesses called by the government against 
the accused, was a very extraordinary man, well known, and 
much esteemed for his exploits on the northern coast of 
Africa. His testimony is interesting, because it discloses 
his views of Colonel Burr ; and because it gives some ac- 
count of himself It should be remarked, that the counsel 
of the accused had insisted, that the government's counsel 
ought to be required to prove, in the first instance, some 
overt act of levying war against the United States, accord- 
ing to the charge in the indictment^ viz. at Blannerhasset's 
Island, in the Ohio River, in the month of December, 1806. 
This, like other suggestions, was fully argued, and it was 
decided to be proper, first to offer such proof The gentle- 
man above alluded to, General William Eaton, was then 
called as a witness, and it was asked whether he was called 
to prove the overt act. It was answered that he was not, 
but to prove the previous intention of Burr. He was objected 
to, and another argument ensued ; but the court decided 
that evidence might be given of the intentions entertained 
by Burr, as these might show the character of the acts done 
at the island. General Eaton was thereupon sworn, and 
examined. Commodore Truxton was also sworn and ex- 
amined. As these two witnesses, probably, disclose the real 
designs of Colonel Burr, it has been thought worth while to 
transcribe their testimony, so far as material, on this suppo- 
sition, and it will be found in the Appendix. 



224 FAMILIAR LETTERS 



LETTER XLVIII. 

September 25,1833. 

Several other witnesses were examined, to prove the acts 
done at Blannerhasset's Island, by Colonel Burr's order, or 
suggestion. The sum of this evidence was, that he had 
directed the building of boats, and the purchase of provi- 
sions : and that three or four boats, and some men with 
arms, were at the Island about the 10th of December ; that 
under fear of being taken by the militia, this party left the 
Island in their boats in the night, and went down the Ohio. 
It appeared that Burr had been at the Island, though not 
there, at any time, while this party were there, but was at a 
distance of hundreds of miles, and in another state, (Ken- 
tucky.) The counsel for the accused then moved the court, 
that the further examination should be arrested, inasmuch 
as it was proved that Burr was not present when the overt 
act, (if such it was,) alleged in the indictment, took place. 

This motion produced one of the most learned and able 
arguments to be found in the whole course of judicial pro- 
ceedings. As much of it as is reported, spreads over more 
than 450 pages. The Chief Justice pronounced his opinion 
on the 31st of August. At the commencement he says : 
" A degree of eloquence seldom displayed, on any occa- 
" sion, has embellished a solidity of argument, and a depth of 
" research, by which the court has been greatly aided in 
" forming the opinion which it is about to deliver." This 
carefully prepared, and elaborate opinion, resulted in this : 
that as the counsel for the government were not understood 
to deny, that if the overt act be not proved by two witnesses, 
so as to be submitted to the jury, all other testimony must 
be irrelevant; because no other testimony, (as to subsequent 
acts,) could prove the overt act. That an assembly on Blan- 



ON PUBLIC CHARACTERS. 225 

nerhasset's Island was proved by the requisite number of 
witnesses, and the court might submit to the jury, whether 
that assemblage amounted to a " levying of war ;" but the 
presence of the accused, at that assemblage, being no where 
alleged, except in the indictment, the overt act was not proved 
by a single witness ; and, of consequence, all other testimony 
must be irrelevant. 

After this opinion had been delivered, Mr. Hay asked 
time to consider what his duty further required. When the 
court met at a late hour in the afternoon, Mr. Hay said, 
he had examined the opinion, (which had been handed to 
him in writing,) and that he must leave the case with the 
jury. The verdict was, " We of the jury say, that Aaron 
" Burr is not proved to be guilty, under this indictment, by 
" any evidence submitted to us. We, therefore, find him 
" not guilty." Burr was tried at the same court on the in- 
dictment for misdemeanor, and acquitted. At the conclu- 
sion, Colonel Burr was ordered to be committed, to answer 
in the state of Ohio, to the charge of setting on foot, and 
providing the means for, a military expedition in that state, 
against the territories of a foreign prince, with whom the 
United States were at peace. He gave bail for his appear- 
ance, and was set at liberty. Wliether any prosecution in 
this respect occurred, it has not seemed worth while to in- 
quire. None is remembered. In 1808, Colonel Burr was 
in England. He returned in 1812. He came home to 
dwell in a humble seclusion, and was known only as a prac- 
titioner at the bar. 

Mr. Jefferson did not lose sight of Burr. In a letter to 
Dr. James Brown, October 27, 1808, (vol. iv. p. 115,) he 
says : "Burr is in London, and is giving out to his friends, 
" that government, (English,) offers him two millions of 
" dollars, the moment he can raise an ensign of rebellion, 
" as big as a pocket handkerchief Some of his partisans 
" believe this, because they wish it." 



226 FAMILIAR LETTERS 

Tlie trial being over, and the law having had its fair ope- 
ration on the case, it might be supposed that a Chief Magis- 
trate of the Union would be contented with having done his 
duty ; and that decorum towards a co-ordinate branch of 
the government, would have prevented him from dipping 
his pen anew. Most extraordinary is it, that one of his own 
family should have given to the world the following picture 
of the true character of the man. (See vol. iv. p. 102.) 

To George Hay. 

" MoNTicELLo, September 4, 1807. 
" Dear Sir, 

" Yours of the 1st came to hand yesterday. The event 
"has been," [here a numher of stars are introduced, show- 
ing that something teas written, tvhich even Mr. Jefferson's 
editor did not venture to disclose,) " that is to say, not only to 
"clear Burr, but to prevent the evidence from ever going 
" before tlie world. It is now, therefore, more than ever in- 
" dispensable, that not a single witness be paid, or permitted 
" to depart, until his testimony has been committed to 
" writing, either as delivered m court, or as taken by your- 
" self, in the presence of any of Burr's counsel, who may 
" choose to cross-examine. These whole proceedings will 
" be laid before Congress, that they may decide, whether 
" the defect has been in the evidence of guilt, or in the law, 
" or in the application of the law ; and that they may pro- 
" vide the proper remedy for the past, and for the future. 

" I must pray you, also, to have an authentic copy of the 
"record made out, (ivithout saying for whcct,) and to send it 
" to me : If the judge's opinions make not a part of it, then 
"I must ask a copy of them either under his hand, if he 
" delivers one signed, or duly proved by affidavit. 

" This criminal is preserved, to become the rallying point 
" of all the disaffected and worthless in the United States ; 
" and to be the pivot, on which all the intrigues, and con- 



ON PUBLIC CHARACTERS. 227 

" spiracles, which foreign governments may wish to disturb 
" us with, are to turn. If he is convicted of the niisde- 
" meanor, the judge must, in decency, give us respite by 
" some short confinement of him ; but we must expect it to 
" be very short. Be assured yourself, and communicate the 
" same assurance to your colleagues, that your, and their 
" zeal, and abilities, have been displayed in this affair, to 
" my entire satisfaction , and to your own honor." 

Such is the letter which Thomas Jejfa'son wrote concern- 
ing the official conduct of Jiy/i« Jfar*7««//, Chief Justice of 
the United States ! Is it or not, the outpouring of a pecu- 
liarly organized mind, at having lost its expected victim ? 
Is it or not, a search after means to dishonor a judicial offi- 
cer, perhaps to impeach, and remove him, because he did 
not convict, on solemn public trial, with the guard of a jury, 
one whom Mr. Jefferson had condemned in his closet, un- 
heard, on the testimony of his own parasites ? Is such a 
man a fit person to conceive of the solemnity and purity of 
the administration of justice, where human life is involved, 
and where the law declares every man to be presumed in- 
nocent until found guilty ? If Mr. Jefferson could have 
placed Tallmadges, and Halls, on the bench, at his plea- 
sure, and could have packed his juries, what would have 
been the fate of the "disaffected and the worthless," in this 
land of liberty ! Whatever may be thought of Burr, and 
however desperately wicked any one may please to think 
him ; it is the principle of action, disclosed in this letter, 
which terrifies and astonishes, considering what station he 
held, who wrote it. Here is one more proof, that those who 
talk and boast the loudest of repul^lican liberty, are the men 
least qualified to be trusted with power. 

This trial requires some remarks. In the course of the 
argument, some suggestions were made, (and very possibly 
in consequence of the letters written to Mr. Hay, by Mr. 
Jefferson, during the trial,) that the court might be under 



228 FAMILIAR LETTERS 

some bias favorable to Colonel Burr. These called for some 
notice on the part of the Chief Justice. He did notice them 
with calmness, self-respect, and dignity, which deserves to 
be remembered forever, not only to his due honor, but as 
an example of judicial independence and propriety, on 
which, no doubt, the liberties of this country depend, Mr. 
Jefferson's doctrines notwithstanding. 

" Much," says the Chief Justice, " has been said, in the 
'' course of the argument, on which the court feels no incli- 
" nation to comment particularly, but which may, perhaps, 
" not improperly receive some notice. That this court 
" dares not usurp authority is most true. That this court 
" dares not shrink from its duty is not less true. No man 
" is desirous of becoming the peculiar subject of calumny. 
" No man, might he let the bitter cup pass from him, with- 
" out self-reproach, would drain it to the bottom. But if he 
" have no choice in the case ; if there be no alternative pre- 
" scribed to him, but a dereliction of duty, or the opprobrium 
" of those denominated the world, he merits the contempt, 
" as well as the indignation of his country, who can hesitate 
" which to embrace. 

" That gentlemen, in a case the most interesting, in the 
" zeal with which they advocate particular opinions, and 
" under the conviction, in some measure, produced by that 
" zeal, should, on each side, press their arguments too far ; 
" should be impatient at any deliberation in the court ; and 
" should suspect, or fear, the operation of motives, to which 
" alone they can ascribe that deliberation, is, perhaps, a 
"frailty incident to human nature; but if any conduct on 
" the part of the court could warrant a sentiment that it 
" would deviate to the one side or to the other, from the 
" line prescribed by duty, and law, that conduct would be 
" viewed by the judges themselves, with an eye of extreme 
" severity, and would long be recollected with deep and 
" serious regrret." 



ON PUBLIC CHARACTEns. 229 

These are the sentiments of one who understood the 
sacred trust of administering justice according to law, in a 
government of laws, sentiments, of which Mr. Jefferson was 
incapable of conceiving. He is rather to be commiserated 
than reproached for his incapacity. 

This trial deserves remark on other grounds. The time 
may come, when a popular President and a subservient 
Senate, may place injudicial seats, mere instruments of ex- 
ecutive will. This is one way in which despotism may ap- 
proach, and not an improbable one; quite as probable as in 
military form. We have already seen something of this in 
Mr. Jefferson's reign, (embargo times,) nothing was want- 
ing then, but the proper instruments. 

At the time of this trial, Mr. Jefferson had acquired to 
himself, almost entirely by his pen, an astonishing supremacy 
over public opinion. All who did not bow to him, were the 
*' disaffected and the worthless." He cordially hated Burr. 
Every measure had been taken to pre-occupy the minds of 
the citizens against him. It was hardly to be expected that 
he should have a fair trial any where ; and especially, per- 
haps, in the state in which he was tried; for there he had 
been prejudged by many of the most influential men, on Mr. 
Jefferson's own assurances of his guilt. It is of no impor- 
tance who, or what, the accused may have been ; he was 
entitled to a trial according to law. 

Taking the peculiar circumstances of the trial into view, 
it is one of remarkable interest, and is well worth considera- 
tion, for the instruction which it imparts. The accused had 
been the equal competitor with his real prosecutor, for the 
highest office in a great republic. He was, for four years, 
second only to him, and had but recently descended from 
his elevation. His trial was for his life, nor for his life only, 
but that it might end on the gibbet, for a crime so infamous 
as to include, in its complete perpetration, almost every 
other in the catalogue of crimes. Here was a grand jury 
20 



230 FAMILIAR LETTEftS 

who believed him so far guilty, as to think it their duty to 
subject him to that trial. Here was a collection of jurors, 
as fair and impartial, perhaps, as the state of public excite- 
ment would permit ; and here were learned and eminent 
counsel on both sides. The one intent to convict, not only 
because they thought this the line of professional, and pa- 
triotic duty, but because they could not shut out from 
view, that conviction would be grateful to the man of the 
people. The other side, intent on applying the law, and the 
evidence, as it should be applied ; and, perhaps, influenced 
by the fact, that they had some responsibility in shielding 
one, whose condemnation would have been, not merely an 
act of justice, but a political triumph. Presiding over this 
contention, sat one, who could have felt no favor for the ac- 
cused : and who must have abhorred the crimes which the 
indictment alleged. He could not have been ignorant of 
the character of the prosecution. In such circumstances, 
happily for him, he could rise above all motives, which the 
pure administration of justice rejected. It has rarely fallen 
to the lot of any man, to have had occasion to seek so ear- 
nestly for the truth, both as to the law and as to the evi- 
dence ; and to no man, to have conducted himself with 
more dignity and magnanimity, in the most responsible sta- 
tion in which one can be placed. 

There is an emotion of sadness in reflecting on the pro- 
fessional labor of this case. The feelings and the exertions 
of an advocate, are little appreciated by the world. The 
judge has to feel the way of his duty, and to adhere to it, 
leaving consequences to themselves. The accused must be 
presumed to have thought of consequences, before he took 
on himself to act ; but he confides his hopes, and his fears, 
his life, and his fame, to his counsel ; and they painfully re- 
alize that he does so. Laborious, indeed, must have been 
the exertions, in the intensity of summer, in a southern 



ON PUBLIC CHARACTERS. 231 

clime, in this serious investigation. The arguments as re- 
ported, give some intimation of what these exertions were, 
in searching out, comparing and arranging authorities ; but 
they do not, and cannot disclose to the world, the painful 
anxiety of preparing and delivering the result of intense in- 
tellectual effort. 

There is one circumstance in this affair of Colonel Burr, 
which ought to he noticed, as it shows Mr. Jefferson's views 
of the proper exercise of power. Swartwout and Bollman 
had been forcibly seized by General Wilkinson at New Or- 
leans, and sent under guard to the city of Washington, and 
there committed to prison. If these persons had been guilty, 
or liable to be put on trial at all, the trial should have been 
had in the district in which the crime was committed, viz : 
the Mississippi territory, in which the seat of justice was at 
New Orleans. These persons moved the court for a writ of 
habeas corpus, and both of them were discharged, because 
the proper place of prosecution, if there were evidence 
against them, was New Orleans, and not the city of Wash- 
ington. If Wilkinson did not act by order of Mr. Jefferson, 
he acted with his approbation. Hence it appears what 
views Mr. Jefferson entertained as to the exercise of power; 
and what he would have done, if his friend Giles's motion, 
to suspend the writ of habeas corpus had prevailed. The 
only apology which can be offered for Mr. Jefferson, is, that 
he seems to have sincerely believed, the will of a President 
elected by the people, (and none could be considered as part 
of the people who did not vote for him,) to be the supreme 
law. Thus it is obvious, that the will of such a President, 
is a despotism ; and of the worst sort, because he can give 
it the forms of law, when he can surmount the obstacle of 
judiciary interference. 

NOTICE OF MR. WIRT. 

Mr. Wirt, who makes a distinguished figure in this trial, 
was then about thirty-four years of age. At the age of about 



232 FAMILIAR LETTERS 

fifty-seven, an opportunity occurred to observe him, when 
he appeared in Boston, as counsel in a cause of great 
interest to the parties. He was a tall, handsome man, well 
formed, and rather full person, of polished and amiable 
manners. He observed a highly decorous deportment in his 
forensic tactics. In private society (while in Boston) he 
was grave, thoughtful, and not disposed to conversation. 
He was said to be a true gentleman in his feelings, and in- 
tercourse with others, and deservedly beloved in his domes- 
tic relations. He was a scholar, a profound lawyer, and a 
man of real eloquence, founded on substantial intellectual 
power. His fame was entirely professional, excepting that 
he wrote a small volume, entitled the British Spy, describ- 
ing certain eminent men ; and the Life of Patrick Henry. 
The former was much esteemed for the elegance of its 
style ; of the latter, it is said, that he thought he had not 
acquitted himself as well as he supposed he had when he 
sent it to the press. Since the foregoing page was written, 
the sorrowful intelligence is received, that this gentleman 
has deceased in the midst of his professional labors ; one 
more proof of the severe cost and peril of eminence at the 
bar. The following extract will give some, though but a 
faint impression of the eloquence to which Mr. Wirt could 
ascend. It is taken from one of the many speeches which 
he made in the course of Burr's trial. It is extracted for 
the further purpose of showing this gentleman's view of 
Burr's machinations. 

" Who Aaron Burr is, we have seen, in part, already. I 
" will add, that beginning his operations in New York, he as- 
" sociates with him men whose wealth is to supply the neces- 
" sary funds. Possessed of the mainspring, his personal 
" labor contrives all the machinery. Pervading the conti- 
" nent from New York to New Orleans, he draws into his 
" plan, by every allurement, men of all ranks and descrip- 
" tions. To youthful ardor he presents danger and glory ; 



ON PUBLIC CHARACTERS. 233 

" to ambition, — rank, titles, and honors ; to avarice, — the 
" mines of Mexico. To each person whom he addresses, 
" he presents the object adapted to his taste, (^ivil life is, 
" indeed, quiet upon its surface, but in its bosom, this man 
" has contrived to deposite the materials, which, with the 
" slightest touch of his match, produce an explosion to shake 
" the continent. In the autumn of 1806, he goes forth, for 
" the last time, to apply this match. He meets with Blanner- 
" basset. 

" And who is Blannerhasset? A man of letters, who fled 
" from the storms of his own country, to find quiet in ours. 
" He sought quiet and solitude in the bosom of our western 
'* forests. But he carried with him taste, science, and 
" wealth ; and lo ! the desert smiled. Possessing himself of 
" a beautiful island, in the Ohio, he rears upon it a palace, 
" and decorates it with every embellishment of fancy. A 
" shrubbery that Shenstone might have envied, blooms 
" around him. Music, that might have charmed Calypso 
" and her nymphs, is his. An extensive library spread its 
" treasures before him. A philosophical apparatus offers to 
" him all the secrets and mysteries of nature. Peace, tran- 
" quillity, and innocence, shed their mingled delights around 
" him. And to crown the enchantment of the scene, a wife 
" who is said to be lovely beyond her sex, and graced with 
" every accomplishment that can render it irresistible, had 
" blessed him with her love, and made him the father of 
" several children. 

" The destroyer comes ! he comes to change this para- 
" dise into hell. Yet the flowers do not wither at his ap- 
"proach.' No monitory shuddering through the bosom of 
" their unfortunate possessor, warns him of the ruin that is 
" coming. A stranger presents himself. Introduced to 
" their civilities by the high rank which he had lately held 
" in his country, he soon finds his way to their hearts, by 
" the dignity and elegance of his demeanor, the light and 
20* 



234 FAMILIAR LETTERS 

" beauty of his conversation, and the seductive and fascinat- 
" ing powers of his address. Imiocence is ever simple and 
'' credulous. Conscious of no design itself, it suspects none 
" in others. Such was the state of Eden, when the serpent 
" entered its bovvers. 

" By degrees he infuses into the heart of Blannerh asset, 
" the poison of his own ambition. He breathes into it the 
" fire of his own courage ; a daring and desperate thirst for 
" glory ; an ardor, panting for great enterprises ; for the 
" storm, bustle, and hurricane of life. In a short time the 
" whole man is changed ; every object of former delight 
" is relinquished. No more he enjoys the tranquil scene. 
" His books are abandoned. His shrubbery blooms, and 
" breathes its fragrance upon the air, in vain. His ear no 
" longer drinks the rich melody of music ; it longs for the 
" trumpet's clangor, and the cannon's roar. Even the prattle 
'' of his babes, once so sweet, no longer affects him. The 
" angel smile of his wife, which hitherto touched his bosom 
" with ecstasy unspeakable, is now unseen and unfelt. His 
•' imagination has been dazzled by visions of diadems, of 
'' stars, and garters, and titles of nobility, &c. &lc. 

" In a few months, we find the beautiful and tender part- 
" ner of his bosom, whom he lately permitted not ' the winds 
" of summer to visit too roughly ; ' we find her shivering on 
" the winter banks of the Ohio, and mingling her tears with 
" the torrents that froze as they fell. Yet this unfortunate 
" man, thus deluded from his interest and his happiness, 
" thus seduced from the paths of innocence and peace, thus 
" confounded in the toils that were deliberately spread for 
'' him, and overwhelmed by the mastering spirit and genius 
•'of another; — this man, thus ruined and undone, and 
" made to play a subordinate part in this grand drama of 
" guilt and treason, — this man is to be called the principal 
" offender ; while he, by whom he was thus plunged in 
" misery, is comparatively innocent, a mere accessory ! Is 



ON PUBLIC CHARACTERS. 235 

" this reason ? Is it law ? Is it humanity ? Sir, neither 
" the human heart, nor the human understanding, will bear 
" a perversion so monstrous and absurd ! so shocking to the 
" soul ! so revolting to reason ! Let Aaron Burr then, not 
"shrink from the high destination which he has courted ; 
" and having already rained Blannerhasset in fortune, char- 
" acter, and happiness, for ever, let him not attempt to finish 
" the tragedy, by thrusting that ill-fated man between him- 
" self and punishment." (Burr's Trial, vol. ii. pp. 9G, 98.) 
Highly honorable testimonials of Mr. Wirt's professional 
eminence, and individual worth, occurred on the event of 
his decease, as well among the members of the bar as in 
court, and in the House of Representatives. The latter an 
unusual occurrence, as he had never been a member of Con- 
gress, though he had been Attorney General twelve years, 
(from I8I7 to 1829 — Monroe's and J. Q,. Adams's admin- 
istrations.) 



LETTER XLIX. 

October 10, 1833. 

In 1795, Alexander Hamilton, at the age of thirty-eight, 
resumed the practice of the law in the city of New York, 
and there continued until the close of his life. In Decem- 
ber of that year, his personal appearance was this : He was 
under middle size, thin in person but remarkably erect, and 
dignified in his deportment. His bust, seen in so many 
houses, and the pictures, and prints of him, make known, 
too generally, the figure of his face to make an attempt at 
description expedient. Ilis hair was turned back from his 
forehead, powdered, and collected in a club behind. His 
complexion was exceedingly fair, and varying from this only 
by the almost feminine rosiness of his cheeks. His, might 



236 PAMILIAU LETTERS 

be considered, as to figure and color, an uncommonly hand- 
some face. When at rest, it had rather a severe and 
thoughtful expression ; but when engaged in conversation, 
it easily assumed an attractive smile. He was expected, 
one day in December, 1795, at dinner, and was the last 
who came. When he entered the room, it was apparent 
from the respectful attention of the company, that he was a 
distinguislied individual. He was dressed in a blue coat, 
with briglit buttons ; the skirts of his coat were unusually 
lono-. He wore a white waistcoat, black silk small clothes, 
white silk stockings. The gentleman who received him as 
a guest, introduced him to such of the company as were 
strangers to him; to each he made a formal bow, bending 
very low, the ceremony of shaking hands not being observed. 
The fame of Hamilton had reached every one, who knew 
any thing of public men. His appearance and deportment 
accorded with the dignified distinction to which he had at- 
tained in public opinion. At dinner, whenever he engaged 
in the conversation, every one listened attentively. His 
mode of speaking was deliberate and serious; and his voice 
engagingly pleasant. In the evening of the same day, he 
was in a mixed assembly of both sexes ; and the tranquil 
reserve, noticed at the dinner table, had given place to a 
social and playful manner, as though in this he was alone 
ambitious to excel. 

The eloquence of Hamilton was said to be persuasive, and 
commanding ; the more likely to be so, as he had no guide 
but the impulse of a great and rich mind, he having had 
little opportunity to be trained at the bar, oj in popular 
assemblies. Those who could speak of his manner from the 
best opportunities to observe him, in public and private, 
concurred in pronouncing him to be a frank, amiable, high- 
minded, open-hearted, gentleman. He was capable of in- 
spiring the most affectionate attachment ; but he could 
make those, whom he opposed, fear and hate him cordially. 



ON PUBLIC CHARACTERS. 237 

He was capable of intense and effectual application, as is 
abundantly proved by his public labors. But he had a 
rapidity and clearness of perception, in wliich he may not 
have been equalled. One, who knew his habits of study, 
said of him, that when he had a serious object to accomplish, 
his practice was to reflect on it previously ; and when he 
had gone through this labor, he retired to sleep, without 
regard to the hour of the night, and having slept six or 
seven hours, he rose, and having taken strong coffee, seated 
himself at his table, where he would remain six, seven, or 
eight hours ; and the product of his rapid pen, required little 
correction for the press. lie was among the ihw, alike ex- 
cellent, whether in speaking, or in writing. In private and 
friendly intercourse, he is said to have been exceedingly 
amiable, and to have been affectionately beloved. 

Aaron Burr was at this time, (December, Vti)'),) probably 
about Hamilton's age. He had attained to celebrity as a 
lawyer, at the same bar. He was of about the same stature 
as Hamilton, and a thin man, but differently formed. His 
motions in walking were not like Hamilton's, erect, but a 
little stooping and far from graceful. His face was short and 
broad ; his black eyes uncommonly piercing. His manner 
gentle and seductive. But he had also a calmness, and 
sedateness, when these suited his purpose, and an eminent 
authority of manner, when the occasion called for this. He 
was said to have presided with great dignity in the Senate, 
and, especially, at the trial of Judge Chase. Though 
eminent as a lawyer, he was not said to be a man of distin- 
guished eloquence, nor of luxuriant mind. His speeches 
were short, and to the purpose. 

Hamilton considered him, both as a man, and as a politi- 
cian, much as he proved to be in after life ; and was not 
careful to conceal his opinions. In short, he held Burr to be 
an ambitious and dangerous man, and was indiscreet enough 
to have expressed his opinions in such a manner, as to 
enable Burr to take offence, and to call him to account. 



238 FAMILIAR LETTERS 

It seems, that a certain Dr. Charles D. Cooper had written 
a letter to some one, in which he said, " General Hamilton 
"and" (another person who need not be named,) "have 
" declared in substance, that they looked upon Mr. Burr as 
" a dangerous man, and one who ought not to be trusted 
" with the reins of government." " I could detail to you 
" a still more despicable opinion, which General Hamilton 
" has expressed of Mr. Burr." On the 18th of June, 1804, 
this letter, had, sometime after its publication, come to Burr's 
knowledge, and on that day he sent a copy of it to Hamilton, 
by Mr. Van Ness, in which he demanded " a prompt and un- 
" qualified acknowledgment, or denial of the use of any ex- 
" pression wliich would warrant the assertions of Dr. Cooper." 

On the 20th, General Hamilton made a reply of some 
length, commenting on the demand made on him, and on 
the expressions imputed to him, and concluded by saying, 
" I stand ready to avow, or disavow promptly and explicitly, 
" any precise or definite opinion which I may be charged 
" with having declared of any gentleman." " It cannot be 
" expected that I shall enter into an explanation, upon a 
" basis so vague as that which you have adopted. I trust 
" on more reflection, you will see the matter in the same 
" light with me. If not, I can only regret the circumstance, 
" and abide the consequences." 

On the 21st, Burr answered, and among other things said, 
" Political opposition can never absolve gentlemen from the 
" necessity of rigid adherence to the laws of honor, and the 
" rules of decorum. I neither claim such privilege, nor in- 
" dulge it in otliers. The common sense of mankind affixes 
" to the epithet adopted by Dr. Cooper, the idea of dishonor. 
" It has been publicly applied to me, under the sanction of 
" your name. Your letter has furnished me with new 
" reasons for requiring a definite reply." 

On the 22d, General Hamilton consulted with a friend, 
(Mr. Pendleton,) and showed to him an intended answer of 



ON PUBLIC CHARACTERS. 239 

that date, in which he said, after some introductory remarks, 
" If by a definite reply, you mean the direct avowal or dis- 
" avowal, required in your letter, I have no other answer to 
" give than that which has already been oriven. If you 
" mean any thing different, admitting of greater latitude, it 
" is requisite you should explain." 

Conversations and correspondence ensued between Mr. 
Pendleton and Mr. Van Ness, in which it was made known 
to the latter, tfiat General Hamilton could truly say, that he 
recollected oidy one conversation in which Dr. Cooper was 
present ; and tliat it turned wholly on political topics, and 
did not attribute to Burr, any instance of dishonorable con- 
duct ; nor relate to his private character ; and that in re- 
lation to any other language, or conversation, which Burr 
would specify, a prompt or frank avowal or denial would be 
given. 

This intercourse resulted in the express declaration of 
Mr. Burr's friend, Van Ness, " That no denial, or declara- 
" tion, will be satisfactory, unless it be general, so as wholly 
" to exclude the idea, that rumors derogatory to Colonel 
" Burr's honor, have originated with General Hamilton; or 
" have been fairly inferred from any thing he has said. A 
" definite reply to a requisition of this nature was demanded 
" by Colonel Burr's letter of the 2lst instant. Tliis being 
" refused, invites the alternative alluded to in General Ham- 
" ikon's letter of the 20th." 

Mr. Pendleton made a very becoming answer, showing 
the extended requisition which this last letter contained, and 
perceiving the intention of both Burr and Van Ness, to have 
the matter settled in one way, and none other, appointed a 
time to receive the communication. 

On the receipt of '•' the message," General Hamilton made 
a calm deliberate commentary on the transaction, as far as 
it had gone, and put it into the hands of Mr. Pendleton, 
who offered it to Mr. Van Ness, but he declined receiving 



240 FAMILIAR LETTERS 

it ; alleging that he considered the correspondence closed. 
In this commentary General Hamilton remarks, that if the 
alternative alluded to, is definitely tendered, it must be ac- 
cepted ; but that as the circuit court of tlie United States 
was then sitting, he could not suddenly withdraw from his 
duties there ; and that the time of meeting must be subse- 
quently arranged. General Hamilton seems to have had a 
foreboding of his fate. On Friday, July Cth, the circuit 
court closed, and Mr. Pendleton informed Mr. Van Ness, 
that General Hamilton would be ready at any time after the 
following Sunday. 

If Colonel Burr was resolved from the beginning to meet 
Hamilton, and to force him into conflict, as the record of this 
affair would indicate, he had, afterwards, abundant reason 
to regret, tliat it was Hamilton, and not himself, who fell. 

On Wednesday, July 11th, (1804) the parties crossed the 
North River to Hobokcn, on the Jersey shore. Hamilton 
arrived at seven, in the morning. Burr, as had been agreed, 
was already on the ground, accompanied by Van Ness, and 
a surgeon. Hamilton was attended by Pendleton, as his 
second, and Dr. Hosack. Hamilton was shot at the first 
fire, the ball entering his right side, and iiassing throucrh to 
the vertebras. When the ball struck him, he raised himself 
involuntarily on his toes, and turned a little to the left, at 
which moment his pistol went oflT, and he fell on his face. 
Dr. Hosack immediately came up, and found him sitting on 
the ground, supported in the arms of Pendleton; he had 
strength enough to say, " Tliis is a mortal wound. Doctor," 
and then sunk away, and became, to all appearance lifeless. 
He was taken on board the barge, and continued insensible 
until he was about fifty yards from the shore, when he re- 
vived in consequence of the applications made to that end, 
and said, " my vision is indistinct." His vision became 
clearer, and seeing the pistol which he had held in his hand, 
he said, " Take care of that pistol, it is undischarged, and 



ON PUBLIC CHAHACTERS. 241 

" Still cocked, it may gooff, and do harm; Pendleton knows 
" I did not mean to fire at him." It would thus seem, that 
Hamilton was ignorant that he had discharged his pistol. 
As he approached the shore, he said, " Let Mrs. Hamilton 
" be immediately sent for ; let the event be gradually broken 
" to her, but give her hopes." 

General Hamilton lived in agony, until two o'clock in the 
afternoon of the following day. In the affecting narration 
of Dr. Hosack, of the closing scenes of Hamilton's life, he 
says, " The great source of his anxiety seemed to be in his 
" sympathy with his half distracted wife and children. He 
"spoke to me frequently of them; 'my beloved wife and 
" children,' were always his expressions. His fortitude 
" triumphed over his i^ituation, dreadful as it was. Once, 
" indeed, at the sight of his children, brought to the bed- 
" side together, seven in number, his fortitude forsook him ; 
" he opened his eyes, gave them one look, and closed them 
" again until they were taken away. He alone could calm 
" the frantic grief of their mother. ' Remember, my Eliza, 
" you are a Christian,' were the words, which, with a firm 
'' voice, but in a pathetic and impressive manner, he ad- 
" dressed to her." Dr. Hosack concludes his narrative with 
the truly appropriate words — 

" Incorrupta fides — nudaque Veritas ; 

" Quando uUam inveniet parem ? 

" Multis illo quidein fleljilis occidit." 

As the state of public opinion then was, and as it may 
still be with some persons, was Hamilton justifiable in haz- 
arding his life against such a foe as Aaron Burr? No one 
will deny that in whatsoever remarks he may have made on 
the conduct and character of Burr, he was influenced by 
good and patriotic motives. If he thought it was dangerous 
to trust Burr with power in the republic, was he or not right 
in striving to prevent his elevation ?* If he thought he dis- 

*Burr (if rightly remembered) was candidate for Governor. 



242 FAMILIAR LETTERS 

cerned the real character of this man, was he forbidden to 
disclose it to prevent pubHc evil ? What rule is a man to pre- 
scribe to himself, in an elective republic, as to disclosing 
what he may honestly believe to be promotive of the public 
welfare, and preventive of public mischief? In such a case, 
it is believed, that one has a right to speak the truth of men, 
from good motives, and for justifiable ends, especially, when 
the party spoken of, is a candidate for public suffrage. But 
prudence requires that one should be careful to whom, and 
before whom he speaks. Having spoken from good motives, 
and for justifiable ends, no rule prescribed by any respect- 
able authority, demands of one to risk his life. If this be 
not so, a reckless Catiline may silence a thousand Ciceros. 
In this case Hamilton was in a trying condition. He had 
spoken of Burr, what he believed to be true ; he could not 
disavow what he had said, nor could he apologize, because 
he thought he had spoken only what was true, and that it 
was right so to speak. He was a soldier, and could not bear 
the imputation of wanting spirit ; least of all could he bear 
the supercilious vaunting of Aaron Burr, that he had been 
called by him to account, and shrunk from the call. But 
Hamilton mistook the probable judgment of the world. If 
he had refused the meeting with Burr, public opinion would 
have absolved him. He thought this could not be so. He 
went to the field of death, from a mistaken but elevated sense 
of self-respect. Doubtful of the public judgment, yet feeling 
how pernicious his example might be, he conceived himself 
bound to bespeak the candor of the world, if it should be his 
fate to fall. The last paper he ever wrote, was the following : 

" On my expected interview with Colonel Burr, I think it 
" proper to make some remarks explanatory of my conduct, 
" motives, and views, 

" I was certainly desirous of avoiding this interview, for 
" the most cogent reasons. 1. My religious and moral prin- 
" ciples are strongly opposed to the practice of duelling ; 



ON PUBLIC CHARACTERS. 243 

" and it would ever give me pain to be obliged to shed the 
" blood of a fellow creature, in a private combat, forbidden 
" by the laws. 2. My wife and children are extremely dear 
" to me, and my life is of the utmost importance to them, in 
" various views. 3. I feel a sense of obligation towards my 
" creditors, who, in case of accident to me, may, by the forced 
" sale of my property, be in some degree sufferers. I did 
" not think myself at liberty, as a man of probity, lightly to 
" expose them to this hazard. 4. I am conscious of no ill 
" will to Colonel Burr, distinct from political opposition, 
" which, as I trust, has proceeded from pure and upright 
" motives. Lastly, I shall hazard much, and can possibly 
" gain nothing by the issue of the interview. 

" But it was, as I conceive, impossible for me to avoid it. 
" There were intrinsic difficulties in the thing, and artijicial 
" embarrassments, from the manner of proceeding on the 
" part of Colonel Burr. Intrinsic, because it is not to be 
" denied that my animadversions on the political principles, 
" character, and views of Colonel Burr, have been extremely 
" severe ; and on different occasions, I, in common with 
" many others, have made very unfavorable criticisms on 
" particular instances of the private conduct of this gentle- 
" man. 

" In proportion as these impressions were entertained with 
" sincerity, and uttered with motives, and for purposes, 
" which might to me appear commendable, would be the 
" difficulty, (until they could be removed by evidence of 
" their being erroneous,) of explanation, or apology. The 
" disavowal required of me, by Colonel Burr, in a general 
" and indefinite form, was out of my power, if it had been 
" really proper for me to submit to be so questioned ; but I 
" was sincerely of opinion, that this could not be ; and in 
" this opinion, I was confirmed by a very moderate and judi- 
" cious friend whom I consulted. Besides that, Colonel 
*' Burr appeared to me to assume, in the first instance, a 



244 



FAMILIAR LETTERS 



" tone unnecessarily peremptory, and menacing ; and in the 
" second, positively offensive. Yet I wished, as far as might 
" be practicable, to leave a door open for accommodation. 
" This, I think, will be inferred from the written communi- 
" cations made by me, and by my direction ; and would be 
" confirmed by the conversation between Mr. Van Ness and 
" myself, which arose out of the subject. I am not sure 
" whether, under all the circumstances, I did not go further 
" in the attempt to accommodate, than a punctilious delicacy 
** will justify. If so, I hope the motives I have stated will 
" excuse me. 

"It is not my design in what I have said, to affix any 
" odium on the conduct of Colonel Burr, in this case. He 
"doubtless has heard of animadversions of mine, which 
" bore very hard upon him; and it is probable that, as usual, 
" they were accompanied by some falsehoods. He may 
" have supposed himself under a necessity of acting as he 
" has done. I hope the grounds of his proceeding have 
" been such as ought to satisfy his own conscience. 

" I trust at the same time, that the world will do me the 
"justice to believe, that I have not censured him on light 
" grounds ; nor from unworthy inducements. I certainly 
" have had strong reasons for what I may have said, though 
" it is possible, that in some particulars, I may have been 
" influenced by misconstruction or misinformation. It is 
" also my ardent wish, that I may have been more mistaken 
" than I think I have been ; and that he, by his future con- 
" duct, may show himself worthy of all confidence and 
" esteem, and prove an ornament and blessing to the country. 
" As well because it is possible that I may have injured 
" Colonel Burr, however convinced myself, that my opin- 
** ions and declarations have been well founded, as from my 
" general principles and temper in relation to such affairs, I 
" have resolved, if our interview is conducted in the usual 
" manner, and it pleases God to give me the opportunity, to 



ON PUBLIC CHARACTERS. 245 

•' reserve and throw away my first fire ; and I have tlwugMa 
" even of reserving my second fire ; and thus giving a double 
" opportunity to Colonel Burr to pause and to reflect. It is 
" not, how^ever, my intention to enter into any explanation 
" on the ground. Apology, from principle, I hope, rather 
" than pride, is out of the question. 

" To those, who, with me, abhorring the practice of duel- 
" ling, may think that I ought, on no account to have added 
" to the number of bad examples, I answer that my relative 
" situation, as well in public, as private, enforcing all the 
" considerations which constitute what men of the world 
" denominate honor, imposed on me (as I thought) a pecu- 
" liar necessity not to decline the call. The ability to be, 
" in future, useful, whether in resisting mischief, or effect- 
" ing good, in those crises of our public affairs which seem 
" likely to happen, would, probably, be inseparable from a 
" conformity to public prejudice, in this particular. 

"a. n." 

However deeply to be regretted it is, that the name and 
memory of Hamilton must forever be associated with the 
odious offence of duelling, it is some relief, that there is his 
own condemnation of the practice. If there be any atone- 
ment, even for him, it is found in the judgment which he 
formed, however erroneously, that his future usefulness to 
his country depended on his obedience to the barbarous 
" law of honor." 

On Saturday the 14th of July, the remains of General 
Hamilton were consigned to the tomb, with every mark of 
respect, and honor, and with demonstrations, universal and 
heartfelt, of touching grief. From a stage erected in the 
portico of Trinity Church, Gouverneur Morris, having with 
him four sons of Hamilton, (the oldest sixteen and the 
youngest six,) pronounced an extemporaneous oration over 
the remains of Hamilton, to an afflicted multitude. What 
occasion, in the history of the human family, could be more 
21* 



246 FAMILIAR LETTERS 

touching ! It was Hamilton who had fallen, in the midst of 
manhood and usefulness, and by the hand of Burr! The 
oration was worthy of the difficult, and delicate occasion. 
It was uttered by one who felt the full sense of gratitude 
due from the country, and who fully comprehended the irre- 
parable loss which the country had sustained. It was the 
overflowing of a mind that knew how to estimate the highest 
human worth, and the bereavement which affectionate friend- 
ship had to mourn. 

The national misfortune was every where felt to be such, 
by all who were not steeped in party venom. Many funeral 
orations were pronounced ; among others, one in Boston, 
by Harrison Gray Otis, which was worthy of his own repu- 
tation, and of the lamented object of his eulogy. Rufus 
King was among the audience, on this occasion. It was 
delivered to a crowded assembly in King's Chapel, on the 
26th of July. Among the concluding paragraphs is this 
faithful picture of the public feeling : "The universal sor- 
" row manifested in every part of the Union, upon the 
" melancholy exit of this great man, is an unequivocal testi- 
" monial of his public worth. The place of his residence is 
" overspread with a gloom which bespeaks the pressure of a 
" public calamity ; and the prejudices of party are absorbed 
" in the overflowing tide of national grief" 

Whatsoever Thomas Jefferson may have recorded o^ Alex- 
ander Hamilton, time and good sense are doing justice to 
both. The fame of Hamilton, associated with the fame of 
Washington, grows brighter and dearer to intelligent and 
patriotic Americans, while that of Jefferson, (with his own 
helping hand,) if remembered at all, will be only to show 
the difference between patriotism, and its counterfeit. 



ON PUBLIC CHARACTERS. 247 



LETTER L. 

October, 15 1833. 

Mr. Jefferson professes, in his communications to Con- 
gress, to be conscientiously careful of a "jvst cconomi/ ;" 
he assumes to be impartial in all dealings with foreign na- 
tions; and scrupulously attentive to national honor. His 
pretensions in all these respects, may be tested by a single 
transaction. 

The boundaries of Louisiana not having been defined, 
and Spain being exasperated at the purchase, a state of hos- 
tility had arisen with Spain, which Mr. Jefferson hoped to 
allay by negotiation. Mr. Monroe, the ever-ready diplo- 
matist of Mr. JefTerson, was sent to Madrid, and there 
passed five months in an humiliating attempt at compromise. 
He was, at length, bold enough to say, that there were but 
two modes, arbitration, or war. Spain answered, that she 
should not choose arbitration. 

Mr. Jefferson was compelled to make a communication 
to Congress, which was confidential, and secret, and wherein 
he makes known, that the very difficulties, (so far as France 
and Spain were concerned,) which the federalists had pre- 
dicted, had actually occurred. This message is dated the 
6th December, 180G, and from it the following extracts are 
made. " A convention was accordingly entered into be- 
" tween our minister of Madrid, and the minister of Spain 
" for foreign affairs, by which it was agreed, that spoliations 
" by Spanish subjects, in Spain, should be paid for by that 
" nation ; those committed by French subjects, and carried 
" into Spanish ports, should remain for further discussion. 
" Before this convention was returned to Spain with our 
" ratification, the transfer of Louisiana by France, took 
" place, an event as unexpected as disagreeable to Spain. 



248 FAMILIAR LETTERS 

" From that moment, she seemed to change her conduct 
" and disposition towards us. It was first manifested by 
" her protest against the right of France to alienate Louis- 
" iana to us; which was, however, soon retracted; and the 
" right confirmed. (How?) Then, high offence was mani- 
" fested at the act of Congress, establishing a collection dis- 
" trict on the Mobile. She now refused to ratify the con- 
" vention, &,c." 

The message goes on to say, that James Monroe was sent 
over, to settle boundaries. " Spain reserved herself for 
events." Monroe, after five months' labor, effected nothing ; 
no indemnity for spoliations; no acknowledgment of limits 
beyond the Iberville ; and that " our line to the ivest teas one 
" which would have left us but a string of land on the Mis- 
" sissippi." Each party was thus left to pursue its own mea- 
sures. Those which they have chosen to pursue, " authorize 
" the inference, that it is their intention to advance, on our 
" possessions, until met by an opposing force." " France 
" took the ground, that they acquired no right beyond the 
" Iberville, and meant to deliver us none beyond it." " The 
" protection of our citizens, the spirit and honor of our 
" country require, that force should be interposed to a cer- 
" tain degree.^' " The course to be pursued will require the 
" command of means, which it belongs to Congress exclu- 
" sively. to yield, or deny." 

Thus we have Mr. Jefferson's own admission that every 
evil which his political adversaries had foretold, had occurred, 
so far as they could occur, within the time between his pur- 
chase, and the writing of his message. There was certainly 
" a speck of war ; " how this was prevented from enlarging, 
will be seen by the application of means which Congress 
could yield or deny. What did Mr. Jefferson really mean 
by this message? Just what circumstances might make it 
best to have it mean. 

It was no new thing for Mr. Jefferson to express himself 



ON PUBLIC CHARACTERS. 249 

SO ambiguously, as to meet any contingency, tliat might 
arise. If Congress were willing to go to war, the message 
was adapted to that end ; if Congress were willing to vote 
money, the message was adapted to that end. The latter 
was Mr. Jefferson's purpose. Astonishing as the fact may 
be, Congress did place two millions of dollars at the disposal 
of Mr. Jefferson, which sum was to be applied to settling 
the troubles with Spain. The money was not so applied; 
but it was actually sent to France, in the United States ship 
Hornet, for no other reason than that France wanted money 
and must have it; and that there was no other way to avoid 
a war both with France, and Spain ! 

The proof of these facts comes from no less a personage 
than John Randolph, who was then a Jeffersonian ; but he 
was so disgusted with this double dealing, and so shocked 
at the degradation of the country, that he published a 
pamphlet signed Decius, in which he tells the truth, as to 
this transaction. If it be asked, how this is known to have 
been John Randolph's work, the answer is, that it was 
ascribed to him at the time, and not denied ; that the inter- 
nal evidence is irresistible, as it states facts which no one 
but John Randolph, the President, Mr. Madison, (then Sec- 
retary of State,) and Mr. Gallatin, (then Secretary of the 
Treasury,) could have known ; and, lastly, the narration in 
this pamphlet accords with facts publicly known. From 
this pamphlet the following extracts are made. 

Mr. Randolph was chairman of the committee, to whom 
this message was referred. He says, in his pamphlet : — 
" The chairman of the committee, to whom the confidential 
" message was referred, immediately waited on the President, 
"and informed him of the direction which had been given 
" to it. He then learned, not without surprise, that an 
" appropriation of two millions was wanted to purchase 
" Florida. He told tlie President, that he would never 
" agree to such a measure, because the money had not been 



250 



FAMILIAR LETTERS 



" asked for in the message ; that he would not consent to 
" shift to his own shoulders, or those of the house, the 
"proper responsibility of the executive ; if the money had 
" been explicitly demanded, he should have been averse to 
" granting it, because, after a total failure of every attempt 
" at negotiation, such a step would disgrace us for ever, be- 
" cause France would never withhold her ill offices, when, 
" by their interposition, she could extort money from us ; 
" that it was equally to the interest of the United States, to 
" accommodate the matter by an exchange of territory ; (to 
*' this mode of settlement the President seemed much 
"opposed;) that the nations of Europe, like the Barbary 
" powers, would, hereafter, refuse to look on the credentials 
" of our ministers, without a previous douceur, and much 
" more to the same purpose." 

" The committee met on the 7th of December. One of 
" its members, (Bid well, of Massachusetts,) construed the 
" message into a requisition of money, (or foreign intercourse, 
"and proposed a grant to that effect; this was overruled. 
" He himself, when the subject was agitated in the House, 
" would not avow the same construction of the message, 
" which he had given in committee. On the 14th of De- 
" cember, the chairman was obliged to go to Baltimore, and 
" did not return till the 21st. During this interval, the 
" despatches from Mr. Monroe, of the 18th and 25th of 
" October, were received by government. Previous to the 
" chairman's departure, having occasion to call on the Sec- 
" retary of State, (Madison,) he was told by that officer, 
" thctt Frnnce tvoidd riot pcrinit Spain to adjust her differ- 
" ences ivith us; that France umnted money, and that we 
" must give it to her, or have a Spanish and French tear ! " 

Mr. Ilnndolph returned from Baltimore on the 21st, and 
convened the committee. As they were assembling, he 
goes on to say, " the Secretary of the Treasury, (Mr. 
" Gallatin,) called him aside, and put into his hands a paper 



ON PUBLIC CHARACTERS. 251 

" headed ' Provision for the purchase of Florida.' The 
" chairman declared he would not vote a shilling; he ex- 
'•' pressed himself disgusted with the whole of this procedure, 
" which he could not but consider as highly disingenuous; 
" that the most scrupulous care had been taken to cover the 
" reputation of the administration, while Congress were ex- 
" pected to act as though they had no character to lose ; 
" that whilst the official language of the Executive was con- 
" sistent and dignified, (quoting the words of the message,) 
" Congress was privatchj required to take upon itself the 
"odium of shrinking from the national honor, and national 
" defence, and of delivering the public purse to the first cut- 
" throat that demanded it. From the official communica- 
" tions — from the face of the record it would appear, that 
" the executive had discharged his duty, in recommending 
" manly and vigorous measures, which he had been obliged 
" to abandon — and had been compelled hy Congress, to 
" pursue an opposite course, when, in fact. Congress had 
*' been acting, all the while, at executive instigation. The 
" chairman further observed, that he did not understand this 
" double set of opinions, and principles ; the one ostensible, 
" to go upon the journals, and before the jmblic ; the other 
" the efficient, and real motives to action ; that he held true 
*' wisdom, and cunning, to be utterly incompatible in the 
" conduct of great affairs: that he had strong objections to 
" the measure itself, but in the shape in which it was pre- 
" sented, his repugnance to it was insuperable. In a subse- 
" quent conversation with the President himself, in which 
" those objections were recapitulated, he declared that he 
" too had a character to support, and principles to maintain, 
" and avowed his determined opposition to the whole 
" scheme." 

Mr. Randolph proceeds to state that a proposition, the 
avowed object of which was to enable the President to open 
a negotiation for Florida, now came upon the table. Mr. 



252 FAMILIAR LETTERS 

Randolph moved that the sum to be appropriated should be 
confined to that object, which was agreed upon. But after- 
wards, when the bill was formally brought in, this specific 
appropriation was rescinded by the House, and the money 
left at the entire discretion of the executive, to apply to any 
extraordinary purpose of foreign intercourse whatever. To 
use his own words : 

" Mr. J. Randolph also moved, to limit the amount which 
the government might stipulate to pay for the territory in 
question ; upon the ground, that, if Congress were dis- 
posed to acquire Florida by purchase, they should fix the 
extent to which they were willing to go, and thereby 
furnish our ministers with a safeguard against the rapacity 
of France ; that there was no probability of our obtaining 
the country for less, but every reason to believe, that, 
without such a precaution on our part, she would extort 
more. This motion was overruled. When the bill came 
under discussion, various objections were urged against it 
by the same gentleman : Among others, that it was in 
direct opposition to the views of the executive, as expressed 
in the President's official communication, [it was on this 
occasion that General Varnum declared the measure to be 
consonant to the secret wishes of the executive :] that it was 
a prostration of the national honor at the feet of our adver- 
sary : that a concession so humiliating would paralyze our 
efforts against Great Britain, in case the negotiation then, 
and now pending, between that government and ours, 
should prove abortive : that a partial appropriation towards 
the purchase of Florida, without limiting the President to 
some specific amount, would give a previous sanction to 
any expense which he might incur for that object, and 
which Congress would stand pledged to make good : that 
if the executive, acting entirely upon its own responsi- 
bility, and exercising its acknowledged constitutional 
powers, should negotiate for the purchase of Floiida, the 



ON PUBLIC CHARACTERS. 253 

' House of Representatives would, in that case, be left free 
' to ratify, or annul the contract: but, that the course which 
' was proposed to be pursued, (and which eventually was 
' pursued,) would reduce the discretion of the Legislature 
' to a mere shadow : that at the ensuing session. Congress 
' would find itself, in relation to this subject, a deliberative 
' body but in name: that it could not without a manifest 
' dereliction of its own principles, and, perhaps, without a 
' violation of public faith, refuse to sanction any treaty 
' entered into by the executive, under the auspices of the 
' Legislature, and with powers so unlimited; that however 

* great his confidence in the Chief Magistrate, he would 
' never consent to give any President so dangerous a proof 
'of it; and that he would never preclude himself by any 
' previous sanction, from the unbiased exercise of his judg- 
' ment, on measures which were thereafter to come before 
' him ; that the House had no official recommendation for 

* the step which they proposed to take ; on the contrary, it 
' was in direct opposition to the sentiments, as expressed 
' in the confidential message ; and that the responsibility 
' would be exclusively their own : that if he thought proper 

* to ask for an appropriation for the object, (the purchase of 
' Florida,) the responsibility of the measure would rest upon 
' him : but when the Legislature undertook to prescribe the 

* course which he should pursue, and which he had pledged 

* himself to pursue, the case was entirely changed : that 
' the House could have no channel through which it could 
' be made acquainted with the opinions of the executive, 
' but such as was official, responsible, and known to the 
' constitution ; and that it was a prostitution of its high and 
' solemn functions, to act upon an unconstitutional sugges- 
' tion of the private wishes of the executive, irresponsibly 
' announced, by an irresponsible individual, and in direct 

* hostility to his avowed opinions." 

After such a course of remarks, from a leading Jeffer- 
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254 FAMILIAR LETTERS 

sonian, a Virginian, a man who called himself a genuine 
republican, what would one suppose to have been the fate, 
among the representatives of a free and enlightened people, 
of Mr. Jefferson's double-dealing proposition? A declara- 
tion of war against Spain? Not at all. This would have 
been an admission, that the man of the people could have 
made a blunder in disposing of fifteen millions of dollars of 
the people's money. What then? The Jeffersonian Ran- 
dolph tells us, — " The doors tccre closed, and the minoritj/, 
" wJiose motives were impeached, and whose motives were 
" almost denounced, were voted down icithout debate." 

The two millions of dollars were voted ; they were placed 
at Mr. Jefferson's disposal, without limit, or restriction. 
They went in the United States ship Hornet, in specie, to 
the coffers of Napoleon. Not a foot of territory was thereby 
acquired; if any thing Napoleon was paid two millions, for 
his kind interposition in preventing the people of the United 
States from knowing, how far Mr. Jefferson had, or had not, 
been "honest, capable, and faithfid to the constitution J' 

What were Mr. Jefferson's motives in this transaction? 
Was he moved by friendship for France ? By the desire to 
strengthen France against England? By unwillingness to 
vindicate the honor and independence of the country against 
France ? By the dread of showing, that the predictions of 
political adversaries had been verified ? Was Mr. Jefferson 
willing to give away two millions of the people's money, for 
all, or any of these reasons? However these questions may 
be answered, is not, at this day, material, so that Mr. Jeffer- 
son's pretensions to the gratitude, and respect of his coun- 
trymen be placed on the proper footing. Future generations 
are to judge of Thomas Jefferson's fame, when the history 
of these times shall have been written, and to decide for 
themselves, what Mr. Jefferson was, as an economist, as a 
statesman, as a friend to his country ; and how he should 
rank as an honorable, and an honest man. It makes no 



ON PUBLIC CHARACTERS. 255 

difference in forming such decision, that the unforeseen 
changes in European affairs, made the purchase of Lousiana 
a fortunate measure for this country. The motives which 
then operated, and the acts then done, are the true, and 
only materials from which that decision is to be formed. If 
Bonaparte had been successful ; if Spain had not been dis- 
tracted by civil commotions, what would Mr. Jefferson have 
acquired for his country, in exchange for his fifteen and his 
two millions of dollars ? He certainly obtained nothing for 
the two millions sent to France. This latter was a mere 
donation, or rather tribute, and so it was considered at the 
time, even by John Randolph. 

If Mr. Jefferson was that abhorrer of duplicity, which he 
assumes to be, he would have told Congress, that the pur- 
chase of Louisiana was involved in difficulties; that it would 
lead the country into a war with both France and Spain; 
that hp fniinri himsplf in a vnry ecrioue dilomma ; tliat Spain, 
by fraud and force, was completely under the control of 
Napoleon ; that if Congress would please to vote him a couple 
of millions to give to Napoleon, it would pacify him, and 
that he would keep Spain from showing her disgust and 
enmity ; and finally, that he should still seem, to his coun- 
trymen, to be the wise, the great, and the good Mr. Jeffer- 
son ! He knew his Congress, and the power of party, too 
well, to find it necessary to disclose such truths. It is 
highly probable, that Mr. Jefferson thought this manage- 
ment honest and proper, because it promoted the great ob- 
jects of his policy — it helped France — it hurt England — 
it kept federalism down, by keeping himself up, 



256 FAMILIAR LETTERS 



LETTER LI. 

October 25, 1833. 

Let it not be forgotten, that Mr. Jefferson began his pres- 
idency with the most gracious and conciliatory assurances, 
that we were all republicans, all federalists, and that univer- 
sal peace and harmony were to prevail under his paternal 
auspices. Nor forgotten — that before the first year had 
elapsed, he denounced, in his smooth and ambiguous phrase- 
ology, the whole tenor of federal administration, and disclosed 
the intention of annulling and reversing, to the extent of his 
power, all that had been done. He conducts the government 
for eight years, retires — devotes his remnant of days to 
the same course of denunciation of federalists, and federal- 
ism — and leaves, as his bequest to his countrymen, his tes- 
timony of the worthlessness .ind wirkedness of his political 
adversaries; and his assurances of his own honesty, ability, 
usefulness, and patriotism. Has he not thus invited a com- 
parison between himself, and those of his countrymen, whom 
he would transmit to posterity, as destitute of every good 
quality which he arrogates to himself? 

There is no part of Mr. Jefferson's administration in which 
his honesty, and ability, can be better tested than in the 
course of measures which led to the " long embargo," and 
by his perseverance in that extraordinary policy. 

It may not be an easy matter to develope Mr. Jefferson's 
motives in this part of his political machinery. It is ever 
to be understood, that all Mr. Jefferson said, and did, had a 
double import; and that it is as difficult, as painful, to seek 
out his real designs. In this matter of the embargo, it is 
unavoidable, in showing the truth, to recur to some previous 
circumstances. 

The state of this country, as affected by the conduct of 
the belligerents, was, no doubi, exceedingly embarrassing. 



ON PUBLIC CHARACTERS. 257 

Mr. Jefferson assumes that he conducted honestly, and wisely, 
throughout. This is thought to be much otherwise, and 
this is the question to be tried. 

The United States complained of England ; First, That 
England interposed unjustly, in the neutral commerce, which 
the United States was authorized to carry on. This is a dry 
subject, and it would be uninteresting to go into details. 
Secondly. That the practice adopted by England, of declar- 
ing ports, and even a whole coast, blockaded, when, in 
fact, no force was present to enforce the blockade, was un- 
just and oppressive to neutrals. Thirdly. The impressment 
of seamen from American vessels. This cause of complaint 
was much insisted on, by Mr. Jefferson, who, nevertheless, 
cared very little about seamen, or commerce, except for the 
revenue. 

It should be remembered that the conflict between France 
and England, was not one, in which the parties had leisure 
to advert to the law of nations ; nor to apply the principles, 
which nations had respected in most of their wars. It was 
a conflict of destruction, and extermination, in which Eng- 
land stood alone, against the host of continental Europe. 

Napoleon resolved, that there should be no neutrals in 
that warfare. What would a patriotic, and wise administra- 
tion of this remote and neutral country have done, under 
these circumstances ? In 1806 Napoleon had pushed his 
conquests to the borders of Russia; he had converted Alex- 
ander, from an enemy, into an ally. Mr. Fox, the firm and 
undeviating friend of America, so far as he could be so 
consistently with duty to his own country, was at the head 
of the British ministry. England could never be in circum- 
stances more favorable to an adjustment of all points in 
controversy. William Pinckney and James Monroe, were 
plenipotentiaries in England. The treaty made by Jay, in 
1794, had expired in 1804, by its own limitation. The 
22* 



258 FAMILIAR LETTERS 

United States had been prosperous, under that treaty. Mr* 
Jefferson refused to extend or renew it. 

Messrs. Pinckney and Monroe effected a treaty in 1806, 
on the two first points of difference, which they considered 
highly advantageous to this country. On the third, Mr. 
Jefferson required that the American flag should protect all 
who sailed under it, well knowing, that England never could 
concede this, without abandoning her maritime force ; and, 
while this point was a sine qua non, that no adjustment with 
England could be effected. Yet, Pinckney and Monroe 
obtained assurances from the British ministry, though not in 
the form of a treaty, which they deemed satisfactory. The 
treaty was sent over dated December 31, 1806. The 
Senate were in session when it was received, and because 
the British had not therein conceded, that all English, Irish, 
and Scotchmen, and all deserters from the British navy, 
should be protected by the American flag, Mr. Jefferson did 
not condescend to lay this instrument before the Senate, but 
took on himself to reject it, and send it back. Now, was 
this honest, or wise, in Mr. Jefferson ? Does it or not show, 
that he was resolved, the parade of negotiation notwithstand- 
ing, to keep open the means of contention with Great Britain ? 
And was not his motive to contribute to the universal domin- 
ion of Napoleon, in Europe, including prostrate England? 
And was it wise for a republic to extinguish, if it could, the 
only power, that then stood between the hope of liberty, and 
one universal despotism. 

On the 2lst of November, 1806, Napoleon, seated in the 
palace of the vanquished king of Prussia, at Berlin, issued 
his decree, by which he declared the British Isles in a state 
of blockade; and consequently, that every American vessel 
going to, or coming from these Isles, was subject to capture. 
This decree appears to have slept for some months. The 
same decree provided, that all merchandise belonging to 
England, or coming from its manufactories, or colonies. 



ON PUBLIC CHARACTERS. 359 

although belonging to neutrals, should be lawful prize on 
land. This provision was carried intoeftect. This was the 
phenomenon of a monarch, terrible to be sure on the land, 
but without commerce, and with a marine force, announcing 
destruction to the trade of an insular people, whose territories 
he could not approach. 

Mr. Armstrong, minister of United States in France, in- 
quired of Cliampagny, French minister of foreign relations, 
(September 34, 1807,) what construction was to be given to 
this decree of 21st November; and whether it would "in- 
fract " tlie treaty between the United States and France ? 
Champagny answered, (October 7th, 1807,) that " his ma- 
"jesty has considered every neutral vessel, going from Eng- 
" lish ports, with cargoes of English merchandise, or of 
" Englisli origin, as lawfully seizable by French armed ves- 
" sels." " The decree of blockade has been now issued 
" eleven months. The principal powers of Europe, far from 
" protesting against its provisions, have adopted them." 
(All these powers had either become vassals, or obedient 
allies, of his majesty) " They have perceived, that its 
" execution must be complete, to render it more effectual ; 
" and it lias seemed easy to reconcile the measure with the 
" observance of treaties, especially at a time when the infrac- 
" tions, by England, of the rights of all maritime powers, 
" render their interests common, and tend to unite them in 
" support of the same cause." 

The Berlin decree, then more than a year old ; the inquiry 
of Mr. Armstrong, and the answer to it ; and the pro r lama- 
Hon of the British government, (cut from a newspaper,) 
recalling British seamen, and prohibiting them from serving 
foreign princes, and states, dated October Kith, 1807, were 
all the documents sent to Congress, proposing an vnUmitcd 
embargo. These showed " the great and unceasing dangers 
" with which our vessels, our seamen, and merchandise, 
" were threatened on the high seas, and elsewhere by the 
" belligerent powers of Europe ! " 



2C0 FAMILIAR LETTERS 

It is true, that one of the senators from Massachusetts 
(whose conduct was afterwards publicly censured by resolves 
of the legislature, which induced him to resign.) says in a pub- 
lic letter of 31st March, 1808, that the British order (retalia- 
ting the Berlin decree) of 11th November, 1807, were not 
connnunicated to Congress, with the President's message on 
the embargo, but that they were published in the National In- 
telligencer on the 18ih December, 1807, the day on which the 
embargo message was sent to Congress. It is unaccountable 
that these orders were not communicated, if Mr. Jefferson 
knew of their existence. The newspaper was a sufficient 
authority for the proclamation, and must have been equally 
so for the orders. Can it be doubted that the embargo was 
resolved on by Mr. Jefferson, before he knew of these orders? 
The senator alluded to, had, about this time, a most extraor- 
dinary illumination as to Mr. Jefferson's purity, and intelli- 
gence ; and an equally extraordinary perception of the worth- 
lessness and wickedness of eminent men, with whom he had 
long thought, and acted. The sudden confidence in.spired 
by Mr. Jefferson, led this senator to say, in his place, on the 
embargo message ; " The President has recommended the 
" measure on his high rcspo7isibiliti/ : I uioi/Id not consider ; 
" / would not DELIBERATE ; / wouM ACT. Douhtlcss the 
" President possesses sueh further information, as loill justify 
" the measure." Thus it would seem, that this senator, and 
a majority of both houses, at the mere dictation of Mr. 
JefTerson, were ready, without any deliberation, to impose 
the greatest evil on this country, which could be imposed 
short of a ruinous, and hopeless war. 

No one who calmly considers this transaction can doubt, 
that it was conceived, and executed for the purpose, and 
only purpose of enforcing, so far as this country could be 
useful to that end, the " continental system" of Napoleon. 

Now, is Mr. Jefferson entitled to the gratitude and respect 
of his countrymen, for proposing and executing this political 
measure 1 



ON PUBLIC CHARACTERS. 261 

There are three views in which this subject is to be con- 
sidered. First as to France. The embargo was approved 
of by the government there, as a measure against the common 
enemy. 

Assuming that the embargo was laid for the purpose of 
aiding the continental system, it appears that it did little 
towards that purpose ; and the whole evil fell upon American 
citizens. Mr. Armstrong writes from Paris ; August 30th, 
1808. " The embargo is a measure calculated above any 
" other to keep us whole; and keep us in peace, huibeyond 
" this, yon must not count upon it. Here it is not felt; and 
" in England, (in the midst of the more interesting events of 
" the day,) it is forgotten." 

Secondly, as to England ; it was an interdiction of all 
commercial intercourse. But the injurious consequences to 
that country, were entirely miscalculated. England supplied 
herself with cotton from other sources. The whole of the 
bread stuff", exported from the United States, was not more 
than one twentieth of the annual consumption of England, 
and not one half of this, probably, went to England. The 
West India colonies turned their attention to their own 
resources. England found other markets for her products. 
If the embargo had continued as long as Mr. Jefferson 
intended it should, Europe would have forgotten, that there 
was such a country, on the globe, as the United States. 

Thirdly, the wisdom of this measure is to be tested by its 
effects witiiin our own limits, and on the adjoining provinces 
of the English. 

First, it was an execution in effect, of the British proc- 
lamation of the IGth October, 1807, recalling seamen. Des- 
titute of employment here, they found their way, through the 
British provinces, to their own country. It is not improbable, 
that many American sailors went in the same way, into 
the British service, in preference to starving at home. 

Secondly, the export, and import business, was carried 



262 FAMILIAR LETTERS 

on through the British provinces, greatly to their advantage, 
while the coasting trade of the United States, was conducted 
in wagons. Flour could not be water-borne from the south, 
without an official permit, by some agent thereto authorized 
by Mr. Jefferson. 

Thirdly, the attempts to evade the embargo led to vin- 
dictive prosecutions ; to the multiplication of spies, and in- 
formers, and to an exercise of a tyranny of officers, great 
and small, which would hardly have been endured in Algiers 
or Constantinople. 

Fourthli/, the effect was demoralizing. Smuggling had 
hardly been known in these days ; it now became common. 
It was not thought to be morally wrong, to evade a law 
which all, but .Teffersonians, knew to be oppressive, and 
ruinous; and which the best informed men declared to be 
unconstitutional. It brought the administration of justice 
into contempt. Jury trials, on embargo bonds, became a 
mockery. 

A law so palpably against common sense, so oppressive 
and ruinous in its consequences, and which a maritime 
community might justifiably think ought to be evaded if it 
could be, called for further enforcing legislation, which 
resolved itself, in practice, into downright tyranny. After 
the evils of the embargo had been endured, more than a 
year, and the public distress became insufferable, the remedy 
invented by Mr. Jefferson, and his advisers, was a new law, 
commonly called the enforcing act. This was passed on 
the 9th of January, 1809. 

At the session of the Massachusetts legislature in this 
month, petitions came in, from various quarters, beseeching 
legislative interference. The community were exasperated 
to the highest degree. The manner in which these petitions 
were acted upon, by a federal legislature, may be some 
answer to Mr. Jefferson's calumnies on this party ; and some 
refutation to his often-repeated tale, of a northern confeder- 
acy to sever the Union. 



ON PUBLIC CHARACTERS. 263 

At this time (January, 1809,) the alarming state of public 
affairs had called into the legislature of Massachusetts, the 
ablest men in the state. Among them was the same Chris- 
topher Gore, whom Mr. Jefferson so pointedly mentions, as 
a monarchist, and angloman; and the same Harrison Gray 
Otis, whom he mentions in the same connexion ; and a 
majority of similar citizens, in both branches. 

The following words are extracted from a report, made 
on the petitions which the embargo laws caused to be pre- 
sented: 

The petitioners' complaints are, 1st, "the unnecessary 
" impolitic, and unconstitutional interdiction of commerce, 
" by the several acts of Congress, falsely called embargo 
" laws. 2d, The apprehension that the nation is speedily to 
" be plunged into a war with Great Britain ; and conse- 
" quently, entangled in a fatal alliance with France. 3d, 
" Some peculiarly oppressive and unjust provisions of the 
" last embargo act, passed on the 9th of January, 1809." 

In the Appendix will be found extracts from the report on 
these petitions, stating the true operation of this law of the 
9th of January. This report deserves the diligent study of 
citizens of a free republic, because it shows how easily a 
popular President, and an obedient Congress, can establish 
an absolute despotism in the forms of law. If Congress had 
enacted that Thomas Jefferson may lawfully do any thing 
that he may choose to do, to annihilate commerce, and to 
strip every citizen of his last shilling, who does not submit to 
his will, it would not have been a more real despotism. 

A Jeffersonian, of some distinction, who was a member of 
the house at that time, but who has, probably, grown wiser 
since, exercised his patriotism, by proposing a series of res- 
olutions, one of which was in these words : " That in case 
" it shall appear to Congress that all fair attempts to remove 
" said orders and decrees by negotiation, shall have been 
"exhausted, and they shall find it necessary to assume any 



264 FAMILIAR LETTERS 

*' other attitude of resistance, it will be the duty oii\\e whole 
" people of the Commonwealth of Massachusetts, to rally 
" round the standard of their oicn nation, and its govern- 
" ment, and to afford them their utmost support by all con- 
** stitutional means in their power." 

The meaning of the mover, both as to the nation in re- 
spect to whom an " attitude of resistance" was to be assumed ; 
and to i\\3ii portion of the whole people, who were called on 
for their utmost support, was in no respect equivocal. His 
resolutions were committed to five, of whom the mover was 
one, and Mr. Gore the chairman. The report drawn by 
Mr. Gore, is one of the masterly efforts of that day, and the 
mover of the resolutions gave an opportunity to the whole 
people to read an exposition of the true character and 
conduct of our national managers; and also to know what 
sort of citizens Mr. Jefferson's " anglomen and monarchists" 
were. 

Thus it appears, that more than three years before the 
war actually came, it was intended by one party, dreaded 
by the other ; and that nothing was waited for but the favor- 
able moment, which did not occur, as will hereafter be 
shown, until Napoleon was duly prepared for it. 

The picture drawn by this report of the state of the coun- 
try, will be recognised as true and faithful, by all who can 
remember these days. The following is an extract from it : 

" In this condition of unexampled prosperity at home, 
" peace and consideration abroad, our present rulers were 
"called to the administration of public affairs; and what 
" has been the fruit of their labors ? Let the following facts 
" answer : 

" Our agriculture is discouraged. 

" The fisheries abandoned. 

" Navigation forbidden. 

" Our commerce at home restrained, if not annihilated. 

" Our commerce abroad cut off. 



ON PUBLIC CHARACTERS. 265 

•*' Our navy sold, dismantled, or degraded to the service 
*' of cutters or gun-boats. 

" The revenue extinguished. 

" The course of justice interrupted. 

" The military power exalted above the civil ; and by set- 
** ting up a standard of political faith unknown to the con- 
" stitution, the nation is weakened by internal animosities, 
" and division, at the moment when it is unnecessarily, and 
"■ improvidently exposed to war with Great Britain, France, 
" and Spain. 

Such a report as this, was a very sufficient reason with 
Mr. Jefferson, for regarding Mr. Gore as a " monarchist and 
angloman." 



LETTER LII. 

November 6, 1833. 

It so happened, that at this time, (January, 1809,) the 
executive power of Massachusetts, was exercised by a Jef- 
fersonian Lieutenant Governor, although the two branches 
of the legislature had a federal majority. It may be re- 
marked, that whenever real calamity has overtaken this 
country, it has always occurred under Jeffersonian dominion, 
and the remedy has always been found in returning to the 
men and counsels of federal administration. To show the 
extent of the Jefferson influence at that time, and the rapid 
advance which it had made in controlling property and per- 
sonal liberty, without the least shadow of legal right, it may 
be proper to advert to the exercise of power by the Massa- 
chusetts executive. 

The Lieutenant Governor not availing himself of the 
usual military course of proceeding, (which requires that 
orders shall be issued by the Commander-in-chief, to the 
23 



266 FAMILIAR LETTERS 

Major Generals commanding divisions,) selected such sub- 
ordinate officers as were known to be suitable men for the 
purpose, and sent a special order to each of these subordi- 
nates, in which he says : " The President of the United 
" States, has directed the Secretary of War, to request me 
" to apjwint some officer of the militia, of knojtm i-cspcct for 
" the laws, in, or near, to each port of entry, in this state, 
" with orders, when applied to by the Collector of the Dis- 
" trict, to assemble a sufficient force of liis militia, and to 
" employ them efficacioush/ to maintain the authority of the 
" laws, respecting the embargo. The President is pecul- 
" iarly anxious that the officers selected should be such, who 
" can be best confided in to exercise so serious a potverJ' 
" Recollecting that in the happy government established by 
" the American people, the character of the citizen is not 
" lost in that of the soldier; and that coolness, prompt obe- 
" dience, and a sacred regard to the rights of society, and 
" individuals, are essential to both ; you will dull/ appreciate 
" this opportunity of serving your country, and of even in- 
" creasing the confidence she has placed in you." 

The house resolved, that these orders were irregular, il- 
legal, and inconsistent with the principles of the constitu- 
tion ; tending to the destruction of military discipline, an 
infringement of the rights, and derogatory to the honor of 
both officers, and soldiers ; subversive of the militia system, 
and highly dangerous to the liberties of the people. 

What was Mr. Jeffijrson's real motive in recommending 
and enforcing the embargo ? Was it to protect " our ves- 
" sels, our seamen, and merchandise, (as his message says,) 
" from seizure by the belligerents?" No one can know 
the motive so well as Mr. Jefferson knew it. He says the 
motive assigned in the message, was not the real one. On 
the 25th of December, 1825, he wrote a letter to his friend, 
William B. Giles, (vol. iv. p. 519,) in which he gives an 
account of an interview with Mr. J. Q,. Adams. He therein 



ON PUBLIC CHARACTERS. 267 

sets forth that Mr. Adams " spoke of the dissatisfaction of 
" the Eastern portion of our confederacy, with the restraints 
" of the embargo then existing, and their restlessness under 
" it. That there was nothing which might not be attempted 
'•' to rid themselves of it : that he had information, of the 
** most unquestionable certainty, that certain citizens of the 
" Eastern states, (I think he named Massachusetts particu- 
"larly,) were in negotiation with agents of the British go- 
" vernment, the object of which was, an agreement, that 
" New England should take no farther part in the war then 
" going on," &c. [Mr. Jefferson then goes on about the 
war, which had not yet happened ; and, perhaps, confounds 
some other patriotic communication of Mr. Adams about his 
fellow-citizens of Massachusetts.] " I expressed," (says Mr. 
Jefferson,) " a just sense of the merit of this information, 
" and of the importance of this disclosure, to the safety, and 
" even the salvation of our country : and, however reluctant 
" I was to abandon the measure, (a measure, which, perse- 
" vered in a little longer, we had subsequent, and satisfac- 
" tory assurance would have effected its object completely,) 
" from that moment, and influenced by that information, I 
" saw the necessity of abandoning it ; and instead of effect- 
'' ing our purpose by ttiis peaceful weapon, toe must fight it 
" out or break the Union." 

What was the object to be completely effected ? Certainly 
not the preservation of vessels, seamen, and merchandise, 
for that was effected when the embargo was first imposed. 
Was it to compel England to renounce her blockades, and 
to cease to violate our neutral rights? These objects were 
obtained by the treaty of 1800, which Mr. Jefferson rejected. 
Was it to prevent impressment ? IIow would the continu- 
ance of the embargo " a little longer" have effected that 
object? This matter had been arranged with Pinckney and 
Monroe, in London, to their satisfaction, but not to that of 
Mr. Jefferson. There is some ground to believe then, that 



268 FAMILIAR LETTERS 

Mr. Jefferson confesses, he misrepresented his motive in pro- 
posing the embargo to Congress, in December, 1807 ; and 
that he admits the embargo to have been a hostile measure 
to England ; or, in other words, a part of the continental 
system. The sum of Mr. Jefferson's political wisdom in 
this matter, comes to this : He was willing to impose an 
annual loss of fifty milUons on his own countrymen, and 
enforce his system of restriction at the point of the bayonet, 
to aid Napoleon in humbling England. This it would 
doubtless have pleased him to do, even at that cost, with all 
its consequences. It is surprising that this wise statesman 
was the last man in the nation to perceive, that his costly, 
oppressive, and ruinous measure, had no tendency to effect 
his object. 

In another part of the same volume, (iv. p. 125,) Mr. Jef- 
ferson gives another version of his embargo policy, in a letter 
to Dupont de Nemours. He therein contradicts his resolu- 
tion formed on Mr. Adams's statement of the restlessness 
and plots of the East and North. He says : " The edicts of 
'' the two belligerents, forbidding us to be seen on the ocean, 
" we met by an embargo. This gave us time to call home 
" our seamen, ships, and property ; to levy men, and put 
'■' our seaports into a certain state of defence," (by buildinor 
gun-boats?) " We have now taken off the embargo, except 
** as to France and England, and their territories, because 
'^ fifty millions of exports annually sacrificed, are the treble 
" of what war would cost us; besides, that by war we 
" shoidd gain something, and lose less than at present." 

It requires all Mr. Jefferson's ingenuity to reconcile this, 
with his remarks found in vol. iv. p. 148, in a letter to Gen- 
eral Dearborn, and also with his opinion on Mr. Adams's 
disclosures: "The federalists, during their short-lived as- 
" cendency, have, ni^vertheless, by forcing us from the em- 
" bargo, inflicted a wound on our interests, which can never 
" be cured ; and on our affections, which will require time 



ON PUBLIC CHARACTERS. 269 

'• to cicatrize. I ascribe all this to one pseudo-republican 
" Storv". He came on, and staid only a few days; long 
" enough, however, to get complete hold of Bacon* who, 
'* giving in to his representations, became panic-struck, and 
" communicated his panic to his colleagues ; and they to a 
" majority of the sound members of Congress." 

The comparison of these various accounts of the matter, 
leaves one in no doubt, that Mr. Jefferson really intended to 
promote the views of Napoleon by the embargo, and that the 
" preservation " set forth in his message, was only the mask 
of the true purpose. By keeping the vessels of the United 
States at home, he prevented the products of the United 
States from reaching England, and the products of England 
from coming to the United States. This was one step be- 
yond Napoleon. It looks as though Mr. Jefferson had, in 
this matter, suggested what was false, and suppressed what 
was true. But then it should be remembered, that he 
thought it was right to do so. That is, it was right, by any 
means, and at any cost and oppression to his own country- 
men, to strengthen France in her war of destruction against 
England; and, at the same time, to break down monarch- 
ists and anglomen. Nevertheless, on this " calm revisal," 
the embargo system is not a ground on which the adaiirers 
of Mr. Jefferson can safely rest his fame for wisdom and 
virtue, in days to come. 

It may be asked, what a wise and honest President would 
have done, in this state of the country ? He would have 
waited for the result of the negotiations in England. When 
the treaty came, as it provided effectually for every subject 
of controversy but that of impressment ; as there were as- 
surances on that subject, as satisfactory as can ever be ex- 
pected from a maritime nation, he would have ratified the 
treaty. If he did not dare to recommend a defensive war 

* A member of the House of Representatives from Massachusetts. 

23* 



270 FAMILIAR LETTERS 

against France, he would have left it to the good sense of 
merchants to regulate their own affairs, and to have taken 
their chance upon the ocean. The marine of France was 
little to be feared. Mercantile ingenuity would have dis- 
cerned modes of profitable commerce ; and the gain of suc- 
cessful enterprise would have far exceeded occasional loss. 
But, this is to suppose that Mr. Jefferson really meant what 
he said ; a case rarely to be admitted, when he spoke offi- 
cially. The protection of our vessels, seamen, and mer- 
chandise, was either no object of his care ; or he was too 
uninformed to know how it could be accomplished. 



LETTER LIII. 

November 10, 1833. 

Mr. Jefferson's political life, and his embargo systemy 
came to an end about the same time, the former on the 4th, 
and the latter on the 15th of March, 1809. The American 
people resumed their industry as well as they could, under 
the remaining embarrassment of non-intercourse with France 
and England ; and Mr. Jefferson retired to Monticello. In 
what manner Mr. Jefferson employed himself, during the 
somewhat more than seventeen years through which his life 
was prolonged, is partially known from the fourth volume of 
his works. 

Mr. Jefferson may be considered under two aspects : 
First, as a witness against a large portion of his fellow-citi- 
zens. Secondly, as a citizen and statesman, who confi- 
dently claims the respect and gratitude of his country, and 
of posterity, for eminent public services ; services which, he 
says, no other man hut himself could have liei-formed. Under 
the first aspect, he presents himself in a character which se- 
riously affects the memory of the dead, the feelings of the 
living, the honor of his country, and the interests of man- 



ON PUBLIC CHARACTERS. 271 

kind. If Mr. Jefferson is a credible witness, the men who 
conducted the American revolution, who founded the na- 
tional government, and who administered our national af- 
fairs for the first twelve years, were the most unprincipled, 
profligate, and wicked body of men who are known in his- 
tory. They are worse than the Roman triumvirates and 
their associates, for these did not conceal their purposes, but 
did their work openly. If Mr. Jefferson is a credible witness, 
he casts a deep and discouraging shade on the hopes of 
mankind, that there is honor, intelligence, and virtue enough 
in the world, to assert and maintain the right to rational 
self-government. In the second aspect ; if Mr. Jefferson 
did not render such services to his country ; if he rendered 
to it no service, which entitles his memory to respect and 
gratitude ; if he misapplied his trust; if he established theo- 
ries tending to destroy republican government ; if he op- 
pressed and afflicted his country, more than any man who 
has lived in it ; if he established a party dominion, unknown 
and repugnant to the constitution ; if such dominion is 
seen to be, here, as elsewhere in the history of nations, the 
precursor of popular despotism, and that, the precursor of 
military despotism, it is time that Mr. Jefferson's example, 
and doctrines, should be understood in this land : it is time 
that dignified senators should cease to read his books as an 
authority, in their discussions. 

There was no one among those, whom Mr. Jefferson has 
spent so much time in defaming, who did not learn with 
regret, that the abstraction from his private affairs, his 
unavoidable expenditures, his liberal hospitality, and the 
general effect of his own policy, had imposed upon him, in 
the decline of life, some embarrassments. 

Alive to this state of things, he sought relief, by suggesting 
the grant of an authority, from the legislature of his native 
state, to sell his property by lottery. Congress had done for 
him a very liberal act, in the purchase of his library, to re- 



272 FAMILIAR LETTERS 

place that destroyed by the British, in that war, which Mr. 
Jefferson could have easily prevented, but did not. To 
induce the legislature so to interpose, Mr. Jefferson made 
an elaborate disquisition on the policy of lotteries, which 
appears in his 4th volume, pages 428 — 438. Having estab- 
lished the utility and the morcdity of lotteries, he goes on 
to show the propriety of extending the benefit of such a 
measure to himself on the ground of hisp?<6Z/c services. He 
sets forth what he had been, and what he had done. As to 
the services done to his native state as there enumerated ; 
that is, in abolishing " hereditary and high-handed aristo- 
cracy," " the right of primogeniture " (in a community 
dependent on a peculiar sort of labor ;) attacking a " domi- 
nant religion ; " in other words, taking from Episcopalian 
clergymen their parsonages and glebe lands ; and his services 
as " governor," are all matters for the consideration alone, 
of Virginians. To the same parties may be referred his fore- 
sight and good sense, in the establishment of the University, 
in which, it is said, there is no provision for religious in- 
struction. It is the present purpose to consider him only as 
a national citizen, and ruler. 

Mr. Jefferson refers to the address of the legislature of 
Virginia, on his retirement in 1809, as illustrative of his 
merits. He adds : " There is one service, not therein spe- 
' cified, the most important in its consequences oj" any trans- 
' action in any portion of my life ; to wit, the head I 
'personally made against the federal principles, and 
' proceedings, during the administration of Mr. Adams. 
' Their usurpations, and violations of the constitution, at 
' that period, and their majorities in both houses of Con- 
' gress, were so great, so decided, and so daring, that after 
' contesting their aggressions, inch by inch, witiiout being 
' able, in the least, to check their career, the republican 
' leaders thought it would be best for them to give up their 
* useless efforts there ; go home, and get into their respective 



ON PUBLrC CHARACTERS. 273 

" legislatures, embody whatever resistance tlioy could be 
" formed into, and if ineffectual, to perish there as in the 
" last ditch. All, therefore, retired, leaving Mr. Gallatin 
" alone in the House of Representatives, and myself in the 
" Senate, where I presided as Vice President. Remaining 
" at our posts, and bidding defiance to the brow-beatings 
" and insults, by which they endeavored to drive us off 
" also, we kept the mass of republicans in phalanx together, 
'' until the legislatures could be brought up to the charge ; 
" and nothing on earth is more certain, than that if I myself, 
" PARTICULARLY, placed by my office of Vice President, at 
" the head of the republicans, had given way, and withdrawn 
"from MY' post, the republicans, throughout the Union, 
" would have given up in despair, and the cause would have 
" been lost forever. By holding on, we obtained time for 
"the legislatures to come up with their weight; and those 
"of Virginia and Kentucky particularly; but more espe- 
" cially the former, by their celebrated resolutions, saved the 
" constitution at its last gasp. No person who was not a 
" witness of the scenes of that gloomy period, can form any 
" idea of the afflicting persecutions, and personal indignities 
" we had to brook. T/icy saved our country, Itotoever. The 
" spirits of the people were so much subdued, and reduced 
" to despair by the X, Y, Z imposture, and other strata- 
" gems and machinations, that they would have sunk into 
" apathy and monarchy, as the only form of government 
" which could maintain itself" 

Certainly, this great service well deserved not only a 
lottery, but a bronze statue, even if Mr. Jefferson had never 
laid and enforced an embargo, or built a gun-boat. 

But this gentleman does himself injustice in commencing 
the detail of his services in demolishing tlie " hydra of 
federalism," (as he somewhere calls it,) with his patriotic 
valor, while in the chair of Vice President. He might con- 
sistently have ranged under the same head, his patronage of 



274 FAMILIAR LETTERS 

Freneau, Bache, and Duane, (honorably mentioned in his 
volumes,) as his coadjutors in this service to his country. 
He might have mentioned his liberality to that " man of 
science," James Thompson Callender. Nor ought he to 
have disregarded the author of " The Age of Reason," and 
of the " Letter to Washington," to whom Mr. Jefferson paid 
the national compliment of offering him a passage from 
France in the Maryland sloop of war ; and for whom he 
offers the " sincere prayer," " May you long live to continue 
" your useful labors, and to reap their reward in the thank- 
" fulness of nations." (vol. iii. p. 459.) If these patriots 
had not aided Mr. Jefferson, with their pens, it is really 
doubtful whether Mr. Gallatin and "myself" could have 
been sufficiently strengthened to stand in the gap against 
brow -beatings and indignities, until the constitution was 
rescued from the hands of its enemies. 

As France and Jeffersonism on the one hand, and Eng- 
land and federalism on the other, constitute the two great 
parties, to uphold the one of which, and destroy the other, 
Mr. Jefferson toiled and devoted his patriotic life, he has 
done himself another injustice. He should have gone back 
to his report of December, 1793, made when he was Secre- 
tary of State, and which disclosed the true principles on 
which his own administration, and that of Mr. Madison, 
were founded. He should have taken to himself the merit 
of following this out, during twenty years, through commer- 
cial restrictions, evasive and deceitful negotiations, gifts of 
millions to Napoleon, oppressive and tyrannical embargo, and 
finally war, unprepared for, costly, and profitless. 

Mr. Jefferson did himself still another injustice, (as he 
commences with his manhood,) in saying nothing of the 
declaration of independence. This was one of his proud 
achievements ; and the fac simile of it is appended to his 
fourth volume. This gentleman's friends have treated this 
production, as though it were an original invention ; the true 



ON PUBLIC CHARACTERS. 275 

corner-stone of the revolution laid by this great architect. 
One would not take from Mr. Jefferson any trophy where- 
with he may think he ought to be adorned. The declara- 
tion is a writing highly honorable to him, the most so of any 
that came from his pen. It is a solemn and sacred writinw, 
and privileged from all criticism. If his admirers had 
asked for him no higher praise than this, it would have been 
improper to touch on this matter. But these admirers 
have referred to this authorship as proof that Mr. Jefferson 
could not err as to the constitution, or in patriotism, or policy. 
Such a shield it ought not to be. This writing sets forth 
why a dcclaratiou should be made ; next, a recognition, 
(not an invention,) of social and political principles; then a 
statement of British tyrannies; and then tlie inference, that 
the colonies have the right, and that it is their duty, to free 
themselves from the parent country. It concludes with a 
solemn pledge to maintain freedom and independence. Now 
it cannot be denied, that such were the sentiments which 
thousands of our countrymen entertained at that day. They 
had been, again and again, expressed in popular essays, in 
congressional speeches, and on so many occasions, that in 
June, 177G, there could be no new thoughts. Mr. JefTerson 
has the merit of having taken these thoughts, (as much his 
own as of hundreds of others, and no more,) and of having 
arranged them, and clothed them, in suitable and expres- 
sive language. This is meritorious, and this country is 
grateful for the acceptable manner in which that work was 
done. Bui this is not a satisfactory reason why Mr. Jeffer- 
son should be considered as having done cquaJhj lodl, all 
that he ever afterwards undertook to do. Let him have the 
full credit of that labor : and judge of him righteously as to 
all others. 



276 FAMILIAR LETTERS 



LETTER LIV. 

November 14, 1833. 

Mr. Jefferson's volumes make known to any one who 
has the necessary patience to read them, that he entertained 
opinions on social and political relations, which are utterly 
adverse to those expressed and maintained by the wise and 
virtuous republicans of the last two centuries. His opinions 
are entitled to no earlier origin than the days of the French 
Revolution. What can be less worthy of an intelligent 
mind, than his theories on the rights of successive genera- 
tions ; and of the incapacity of one generation to bind its 
followers by any obligation. What less acceptable to the 
lovers of order, and social stability, than the periodical recur- 
rence of rebellions. It is not surprising, that one who enter- 
tained such opinions, should gravely assert, that when the 
constitutionality of a law is doubted, the whole nation must 
wait until a convention can be called by two thirds of the 
states, to take the matter into consideration, and decide 
upon it (vol. iv. p. 374). Within a short time, a disciple of 
Mr. Jefferson has maintained the same doctrine in the 
Senate of the United States. In what manner he was met 
and answered, (and with the general applause of the nation,) 
cannot be forgotten. 

To the same source is to be traced the impracticable, not 
to say absurd notions, on currency and banking, which 
some persons maintain at the present day. Notions, proved 
by the experience of all commercial people, and by none 
more than our own, to be untenable and visionary. In 
truth, all the disorganizing and destructive " heresies," which 
certain politicians, of the present times, adhere to, are to be 
found in Mr. Jefferson's theories or practice. And yet this 
gentleman says, in obviating the objection of precedent in 
allowing to him a lottery : " Let those who shall quote the 



ON PUBLIC CHARACTERS. 277 

" precedent bring their case within the same measure. 
" Have they, as in this case, devoted three score years and 
*' one of tlieir lives, to the service of their country 1 Has the 
" share they have borne in holding their new government 
" to its genuine principles been equally marked?'^ 

What pretension can Mr. Jefferson have to say, that he 
did this ? The original founders of this new government 
intended to bring, and did bring, the people of the United 
States into a national Union : To secure to them the services 
of the most able and virtuous among them, in maintaining 
peace, commerce, and friendly intercourse with all nations : 
to prepare for defence against foreign insult and aggression, 
and to resist and resent, when national honor demanded 
that course ; to promote internal commerce, and to keep 
the sovereign members of the Union in peace and amity 
with each other ; to give to domestic ingenuity and enter- 
prise their fair competition with other nations ; to assuage 
and compromise the jealousies and differences, which might 
be expected, from the expanding and unfolding of the powers 
of a great and increasing people. This intention was fully 
accomplished — accomplished to the surprise and envy of 
the elder world ; and if Thomas Jefferson had never lived, 
it is believed that this substantial and beautiful reality would 
not have been dissipated. 

He came into this new government, and by means which 
he has fully disclosed ; and there he ruled, and reigned, by 
the magic of his pen. Passing over his disastrous policy 
with foreign nations ; the oppressions, losses, and sufferings 
which he inflicted on his countrymen ; grievous as these 
were, they are all nothing to that grievous wound which he 
gave to this " new government," and which seems likely to 
prove a mortal one. 

Mr. Jefferson drew the line between rich and poor, in a 
republic where family influence is unknown, where inherit- 
ance depends on equal distribution, where wealth depends 
24 



278 FAMILIAR LETTERS 

on industry and talents, and where the poor man's son is faf 
more likely to attain to office and honor, than the sons of the 
rich. Mr. Jefferson organized the elements which make up 
that monster-PARTY ; he invited apostacy ; he established 
the odious doctrine of "rewards and punishments;" he 
made devotion to the man, not to the constitution, the pass- 
port to office ; he taught the " people " (as he calls them) 
to sacrifice to personal feuds and jealousies, their respect for 
the institutions of their country. It was he who misled and 
debased the public mind, and who converted honorable and 
patriotic service, in a free republic, into a low, selfish, and 
dishonest struggle for office. He led the way to popular 
despotism. The perils, sufferings, and dread of the present 
hour, are all from his impulse. 

That which is most to be lamented in all this, is his sin- 
cerity ; his real belief that all was right ; that all he did 
was truly patriotic ; and that he is richly entitled to his 
reward in the respect and gratitude of all succeeding genera- 
tions. That which is truly disheartening to the friends of 
the constitution, of the Union, and of rational republican 
liberty, is, that there are so many intelligent and respectable 
men in the United States, who conscientiously believe, to 
this day, in " the great and good " Mr. Jefferson. But his 
glories are fading in the brilliancy of the " greatest and 
BEST," the rightful successor in the line, of which Jefferson 
was the first. 



LETTER LV. 

November 20, 1833. 

Mr. Jefferson found the United States, in 1801, at 
peace and in amity with all Europe; in the enjoyment of a 
secure and prosperous commerce ; with a respectable navy ; 



ON PUBLIC CHARACTERS. 279 

a sound credit ; a learned and independent judiciary. He 
found, it is true, some increase of debt for money honorably 
and profitably expended, but which was insignificant, and 
hardly to be felt under the effect of Alexander Hamilton's 
system of finance. He left the United States embroiled with 
England ; more so with France ; he had demolished the 
navy, and the judiciary, so far as he had power to do it ; he 
had banished the flag of the United States from the ocean; 
he had cost the people in actual, but useless expenditure, 
and by unwise restrictions on commerce, an immense sum, 
which he estimated, merely as to exports for one year of the 
embargo, at fifty millions. The nation were probably one 
hundred millions the worse for Mr. Jefferson's philosophy, 
and statesmanship. There is not the least doubt that if 
there had been a federal administration, instead of that of 
Thomas Jefferson, during his eight years, the people of the 
United States would have gained and saved, together, a sum 
equal to the cost of the revolutionary war. But he had slain 
federalism, and this he distinguishes as the chief trophy of 
his political career. 

What a difference would it have made to the people of 
this country if Mr. Jefferson's successor had been an able, 
faithful, constitutional President of tlie United States, and 
not the mere chief of a vindictive and deluded party ! Such 
a President, it is to be feared, the people of this country are 
never again to see. If they do not, it will be for the reason 
that Mr. Jefferson and Mr. Madison have been in the place 
of President. 

Mr. Madison was a wiser, and a better man, than Mr. 
Jefferson. He had done himself an honor for which his 
countrymen should still be grateful, in forming, recommend- 
ing, and sustaining the constitution, jointly with Jay and 
Hamilton, against its irreconcilable opponents. He was not 
mean and malignant, like Jefferson. He was well informed ; 
an able debater ; a good writer ; a man of comprehensive and 



280 FAMILIAR LETTERS 

useful mind. There is nothing in the life of Mr. Madison 
to show that he was not an honorable man. It was his mis- 
fortune to have adopted all the notions of Mr. Jefferson, as to 
France and England, and to have carried these fully into 
his administration. How far he acted in pursuance of his 
own judgment, and how far he yielded to the counsels of 
party, will never be known. This gentleman, it may be 
supposed, will not order the publication of his confidential 
letters, and of his " Anas," when he is dead. He will leave 
history to do its duty. It will do this, no doubt, impartially ; 
and though it may not commend his measures as a states- 
man, and public agent, it will not disgrace him as a man. 
The first indication of Mr. Madison's devotion to Jeffer- 
sonism, is found in his resolutions presented to the House 
of Representatives, in January, 1794, to carry into effect 
Mr. JefTerson's report, as Secretary of State, dated in the 
preceding month. The object of these resolutions is sup- 
posed to have been to withdraw the commerce of the United 
States from England, and to bestow it on France. From 
this time till the close of Mr. Madison's public life, on the 
4th of March, 1817, he faithfully pursued the Jeffersonian 
policy of strengthening France, and prostrating England, 
and of breaking down federalism. In all this he was another 
Jefferson. It ought not to be doubted that Mr. Madison 
was Jioncst in all this, however unfortunate it may have been 
for his country. ,; But this inference is to be drawn, that a 
mere partisan may become so thoroughly imbued with the 
spirit of party, as to be incapable of receiving any sentiment 
of an exalted and patriotic duty to a whole community. To 
every thing British, Mr. Madison seems to have entertained 
a decided and unchangeable hostility. He associated all 
political opposition with his British enmity. The correla- 
tive of this was devotion to France. This devotion, equally 
manifested throughout the changes in that country, from 
the terrible misrule of democracy to the tranquillity of no 



ON PUBLIC CHAUACTERS. 281 

less terrible despotism, in the person of imperial Napoleon, 
could have had no other prompting than the utility of pros- 
trating or humbling t)'rannical England. 

One would like to know whether Mr. Madison, in his retire- 
ment, and retrospection, retains the belief that he governed 
wisely. Credit may be safely given to him for believing that 
he did what he thought was right. He might justify himself 
by insisting that he did not foresee, any more than others did, 
the conflagration of Moscow ; the flight of Napoleon ; his fall 
from the throne ; and his exile to St. Helena. That he did not 
foresee, any more than others did, that exasperated England, 
freed from European war, could direct all her forces to our 
own shores. Will this excuse Mr. Madison, as a patriotic 
and discerning statesman, from not foreseeing, that if Na- 
poleon had been as successful as Mr. Madison seems to have 
desired he should be, that the freedom and independence of 
this country would have depended on a tremendous and 
appalling struggle with the same Napoleon 1 Was there 
nothing in the conduct, declarations, and character of Napo- 
leon, to warn him of this ? How is Mr. Madison to excuse 
himself for this defect in foresight 1 His excuse lies in the 
terrifying fact, that ever since Mr. Jefferson's ascendency, 
this country has passed over, bound in fetters never to be 
broken, to the dominion of party. The principles oi feder- 
alism were nothing more nor less than a faithful, able, and 
honest administration of national and state authority. These 
principles must always exist, and have effect, while a free re- 
public continues. They may be known under various names, 
but in substance and effect, they must ever be the same. Yet 
all who profess them, by whatever party name distinguished, 
are condemned by Thomas Jefferson and James Madison, to 
the odium of opposition. All the sound constitutional princi- 
ples of federalism, by whatsoever name they may be hereafter 
known, must struggle for existence, against the corrupt and 
demoralizing influences of party. 
24* 



282 FAMILIAR LETTERS 

If this country is to be saved from despotism, originating 
in democracy, it will be done by instructing the great body 
of the people in the nature of their government, and in the 
perils to which it is exposed. . Suppose a case to exist in 
which a popular President is counselled by a combination 
of men, who are unknown to the constitution as such advi- 
sers ; that the President and this combination, are sustained 
by a majority of both branches of Congress ; that the whole 
host of revenue officers are selected for their devotion to the 
will of a cabinet so formed ; that all the postmasters through- 
out the United States, are selected and commissioned on the 
same principle, and have the facility of communication free 
of all expense ; that there are newspapers, sustained and 
circulated, for the single purpose of teaching subserviency 
to the cabinet, and hostility to all who venture to criticise 
their measures ; that all the district attornies, and marshals, 
are chosen and appointed, because they have given satisfac- 
tory evidence of their devotion to the cabinet. If such a 
case may be supposed, what would be wanting to establish 
an absolute despotism in the country ? Nothing but the 
command of the public money, and a judiciary of the same 
class of citizens. If any thing more be wanted, it niight 
easily be found by getting up a pretence, foreign or domestic^ 
to organize a military force. Are the United States free 
from such perils? Is there any possibility of awakening 
public attention to such perils ? One mode of doing this, if 
it can be done, is to show how nearly such perils have over- 
taken us, and how they were escaped. 

Such a party dominion existed when Mr. Madison came 
to the presidency. The opponent party then were the fed- 
eralists. The opponent party at this day, are citizens known 
by some other party name ; but they are men of the same 
principles, that is, they are constitutionolists. The object 
of Mr. Madison's party was to put the federalists down. 
The object of the present dominion is, to put down all 



ON PUBLIC CHARACTERS. 283 

opponents, and to have the exclusive control of opinion, of 
money, and of physical force. This dominion may think all 
they have done, are doing, and intend to do, to be right and 
honest. So thought Mr. Madison, and his suppoiters. But 
the country was brought to the verge of ruin. That which 
has been, may be again. It is certain that there can be no 
instruction but in suffering, at the present day, unless a 
knowledge of what has been heretofore suffered from similar 
causes, may lead to comparisons and inferences. There 
are millions in the United States who will listen to nothing 
but praises and hosannas to a ruling power. But they may 
be willing to know how similar exercise of power has here- 
tofore endangered civil liberty, and they may, perhaps, be 
unwilling acrain to submit to the like dangers. 



LETTER LVI. 

November 25, 1833. 

During Mr. Jefferson's eight years he had faithfully 
cherished all the causes of controversy with Great Britain, 
had resolutely abstained from all compromise, and had used 
the means of negotiation, not to close, but to make the 
breach wider. The principal causes of controversy were, 
1. The colonial trade. 2. The blockades by England. 
3. The affair of the Chesapeake. 4. Impressment of mari- 
ners from American merchant vessels. 5. Orders of the 
king in council. It is necessary, now, to look a little more 
closely at these subjects, because, in these are to be found 
the pretended causes of Mr. Madison's war. 

1. The colonial trade controversy arose thus : France had 
colonies. In time of peace, neutrals could not lawfully 
carry merchandise from them to France. England insisted 
that neutrals should not do in time of war, what they could 



284 FAMILIAR LETTERS 

not do in time of peace ; and required that French colonial 
merchandise should be carried home to the neutral country, 
and a new voyage there commenced, if the neutral desired 
to carry such merchandise to France. This was a matter 
much discussed, as to the right and the wrong ; but Mr. 
Jefferson lost his hold on it, in consequence of the conquest 
by the British, of all French colonies. 2. The blockades of 
the English. It was admitted that a place is blockaded, 
when there is a competent force before it, to prevent ingress 
and egress ; but that the British could not lawfully affect the 
trade of neutrals, by declaring a whole coast blockaded, 
where such force was not present. As this point of contro- 
versy was merged in a remaining one, it is unnecessary to 
pursue it further. It makes, however, a conspicuous figure 
in the discussions of the day. It was a material subject in 
Mr. Madison's diplomacy , but not one for which, even he 
would have ventured on a war. 

3. The affair of the Chesapeake and Leopard was shortly 
this: Vessels of war belonging to France and to England, 
might, in 1807, come into the ports of the United States. 
Those of France came, and those of England came to seek 
them. 

On the Tth of March, 1807, the British sloop of war 
Halifax, was near Norfolk, Townshend, commander. Rich- 
ard Hubert, born in Liverpool ; Henry Sanders, born in 
Greenock ; Jenkin Ratford, born in London ; George North, 
born in Kinsale ; William Hill, born in Philadelphia, (but 
who shipped on board the Halifax at the English Island of 
Antigua,) were employed in a boat to weigh the anchor. 
While so employed, they rose upon the officer in the boat, 
threatened to murder him, and rowed to the American shore 
and landed. The same day they entered at the rendezvous 
of the Chesapeake, as seamen ; and on the same day they 
were demanded of Lieutenant Sinclair, (of the Chesapeake,) 
who neither delivered nor discharged them. Three other 
demands were made for these men ; one by the British con- 



ON PUBLIC CHARACTERS. 285 

sul on tlie mayor of Norfolk; one on Captain Decatur; and 
one by tlie British minister on tlie Secretary of State. The 
Chesapeake sailed with these five men on board, and while 
going down the Potomac, all but Ratford deserted, and got 
on shore. 

When the Chesapeake got to sea, she was met by the 
British ship Leopard, of fifty guns, commanded by Hum- 
phreys. The American vessel had only 44 guns, though 
not of inferior force. Humphreys demanded these men of 
Captain Barron, commander of the Chesapeake, who replied, 
that "he knew of no such men as Captain Humphreys de- 
scribed." The Leopard fired upon the Chesapeake ; a short 
action ensued, and the Chesapeake struck her colors. The 
British searched the American, and found Ratkin in the 
coal-hole. They took him ; and he was tried and executed. 
The British also took three other men, who were said to be 
deserters from the Melarapus ; one, a South American by 
birth, and two black men, who were runaway slaves from 
Maryland, and who protected themselves by entering on 
board the Melampus, and afterwards shipped in the Chesa- 
peake, having deserted from the former. 

This was a gross outrage on the part of the British com- 
mander, whatever the provocation may have been, because, 
the universally acknowledged principle is, that a national 
ship, at sea, and the territory of its nation, are alike inviolable. 
Captain Humphreys might as lawfully have exercised force 
to recover these deserters in the city of Washington, as from 
the American ship. The British government so understood 
this matter, and disavowed the act of its officer, and offered 
a proper and honorable reparation, which was finally ac- 
cepted before the war, and therefore this did not make one 
of the causes which led to that calamity. It would be 
tedious to follow out the right and the wrong of the negotia- 
tion, on this subject. It was one that afforded materials, 
abundantly, for the purposes of irritation, which the admin- 
istration faithfully cherished. 



286 FAMILIAR LETTERS 

Impressment. This is a difBcult subject, arising from the 
similarity of language, manners, and appearance; and made 
still more so, by the naturalization of British subjects in the 
United States, under the patronage of Mr. Jefferson. The 
English, in searching for their own subjects, had repeatedly 
and oppressively taken native Americans. Whether they 
did this, knowing that they took such natives, is doubtful ; 
though they always pretended, at least, that they took only 
their own. The federalists contended that this seizure of 
seamen, was not a justifiable cause, certainly not a neces- 
sary cause of war at any time, until all hope of compromise 
or redress through negotiation had failed. The federalists 
maintained, that all nations engaged in war, have a right, 
as the necessary consequence of allegiance, to the services 
of their own subjects and citizens. That this right had 
been asserted and maintained, immemorially, by all the 
maritime nations of Europe. The personal appearance and 
language of Europeans, divests this subject of all difficulties 
among them. It is a very different subject as between 
England and the United States. Descended from the Eng- 
lish, Irish, and Scotch, and the common language being the 
same ; and some part of American seamen, being British 
subjects by birth, but naturalized in the United States, it 
was not an easy matter to distinguish between the natives 
of the one country, and the other. The British did not 
admit that their subjects could change their native allegi- 
ance, by assuming one to a foreign country. They never 
asserted a right to take native Americans, but they some- 
times did take them in the exercise of the right which they 
did assert. The federalists also contended, that the impress- 
ment affected principally the middle and New England 
States, the latter in the proportion, probably, of three fourths; 
and that the inhabitants of New England were far from 
thinking this such a cause of complaint as to call for a war : 
that the right of taking native British subjects, who had 



ON PUBLIC CHARACTERS. SS'J' 

been naturalized, was not one in which the United States 
were so much interested as to subject the whole country to the 
evil of war : that England had gone so far, as to modify her 
pretensions in a manner, that ought to be satisfactory to the 
United States ; for that the British ministry had agreed with 
Mr. King, (minister in London, in 1802,) to renounce the 
right of searching American vessels for British seamen, on 
the high seas, and would exercise it only on the narroic 
seas, which wash the shores of British isles. (Over these 
seas England has asserted dominion for centuries.) That 
in 180G, Messrs. Monroe and Pinckney made an arrange- 
ment on this subject, which they deemed to be " honorable 
and advantageous ; " and, therefore, that this was properly, 
and from its own intrinsic difficulties, a subject of negotia- 
tion, and not of war; and could be adjusted in the former 
mode, and never could be by the latter. 

The principle for which Mr. Jefferson and Mr. Madison 
contended was, that the American flag should protect all 
who sailed under it. This extended, not only to native citi- 
zens, but naturalized ones, and also to any, and all British 
subjects, sailing in American merchantmen. The reason- 
ableness of this requisition may be tested by the inquiry, 
whether a maritime power, which asserts the right to the 
services of its native subjects, in time of war, could consent, 
that these subjects should find an asylum, tempting wages, 
and personal security, in neutral vessels, when most wanted 
at home 1 And whether a declaration of war would not 
be a signal for all seamen to escape into neutral service ? If 
this would be right and just for British sailors, so would it 
be for those of America. Should we consent, on the hap- 
pening of a war with France, for example, that our seamen 
should withdraw to the neutral service of England ? 

The federalists also insisted, that negotiation might, and 
that war could not, devise modes of distinguishing natives 
of Britain, from natives of America ; that negotiation could. 



288 FAMILIAR LETTERS 

and war could not, settle, to what extent naturalization 
should protect, and what should be evidence that this change 
of allegiance had, occurred ; that negotiation could, and war 
could not, settle rights, in relation to British subjects, sail- 
ing under the American flag, who had not been naturalized. 

The considertitions thus presented, had no effect on Mr. 
Madison. He adopted all the theories of Mr. Jefferson, 
manifested in his first presidential speech concerning aliens ; 
and courageously insisted that the American flag should 
protect, without qualification or exception ; and that if Eng- 
land, in the midst of her struggle for existence, did not 
assent, she must number the United States among her 
enemies ; — a principle which no nation will be more likely to 
contend against hereafter, than that of the United States. 

Now, was this a wise, manly, and patriotic policy on the 
part of Mr. Madison ; or was it in furtherance of a long 
meditated design, to find, the most convenient opportunity 
to step into the pleasing occupation of overwhelming Eng- 
land, and of silencing the " disaffected and the worthless," 
at home ? No reasonable being can doubt as to the motive 
of Jefferson and Madison, in using, as they did, this cause 
of complaint. 

5. The Orders in Council, were commercial edicts or 
regulations, ordered by the King of England, with the advice 
and approbation of those persons who had been (according 
to the usage of the English government) selected to be his 
personal counsellors. It was well known to federalists, and 
to Mr. Madison and his party, that these orders were passed 
to retaliate on France her own insolent and oppressive de- 
crees ; yet, it was the persevering effort of Mr. Madison to 
make it believed by the citizens of the United States, that 
England was the original aggressor. 

Between the 4th of March, 1809, when Mr. Madison 
became President, and the ISth of June, 1S12, when war 
was declared, England seems to have desired sincerely, to 



ON fUBLlC CHARACTERS. 289 

compromise the controversies with this country, and to 
avoid conflict. Mr. Erskinc, a very young man, and not of 
much experience, was British minister here, on the 4th of 
March. An arrangement was made with him. It was said 
at the time, that Mr. Madison knew, or might have known, 
that he had exceeded his authority. This arrangement was 
disavowed in England, and Erskine recalled. He was suc- 
ceeded by Francis James Jackson, whom the administration 
found so much to be displeased with, that all communication 
was cut ofFwith him, and, as it was then thought, offensively, 
and with the design to keep open the controversy. He was 
succeeded by Mr. Foster, wlio was equally unsuccessful. 
He remained here till war was declared. 

This period was one of very deep interest. It e.xercised 
the talents and called forth the eloquence, of the ablest men 
in the country, in, and out of Congress, who desired to 
avoid the calamity of war with England, and the inevitable 
consequence, an alliance and colonial dependence on Napo- 
leon, if nothing worse happened. Some very able speeches 
were made in Congress, and some searching pamphlets were 
written. The legislature of Massachusetts did itself great 
credit in declaring its opinion on the state of the country. 
All these will come in as materials of history, and will de- 
monstrate the most abject subserviency to France, and the 
most impolitic hostility to England. 

It is not intended to assert that Mr. Madison and his 
party, were unprincipled and wicked in all this ; but that 
they were under the dominion of an excitement, which they 
had created themselves ; and that they closed their eyes to 
the good of their country ; and to patriotic duty, under this 
delusion. 



25 



290 FAMILIAR LETTERS 



LETTER LVII. 

November 30, 1833. 

Nothing will better illustrate the party delusion into 
which Mr. Madison had fallen, than his twin effort, in 
March, 1809, to inflame the excitement against England, 
and his fellow citizens at Boston. It is amusing that Mr. 
Madison should have paid an ingenious Irishman fifty thou- 
sand dollars, for an attempt to render a service to the object 
of his hatred, England. Still more amusing that all he got 
for his money, was a faitliful picture of Jefferson and him- 
self, drawn by a British painter. 

On the 9th of March, 1812, Mr. Madison sent a message 
to Congress, in which he says : " I lay before Congress 
** copies of certain documents, which remain in the depart- 
" ment of state. They prove, that at a recent period, 
" whilst the United States, notwithstanding the wrongs sus- 
" tained by them, ceased not to observe the laws of peace 
" and neutrality towards Great Britain, and in the midst of 
" amicable professions and negotiations, on the part of the 
" British government, through its public minister here, a 
" secret agent of that government was employed, in certain 
" states, more espcciallrj at the seat of government in Massa- 
" chusetts, in fomenting disaffection to the constituted 
" authorities of the nation ; and in intrigues tvith the dis- 
" affected, for the purpose of bringing about resistance to 
** the laws, and eventually, in concert vnth a British force, 
" of destroying the Union, and forming the eastern part 
" thereof into apolitical connexion with Great Britain." 

It was said and believed, at the time of the publication of 
the documents which accompanied this message, that the 
naturalized citizen of the United States (John Henry) out- 
witted Mr. Madison ; that he did not disclose these docu- 
ments until he had received ffty thousand dollars, which 



ON PUBLIC CHARACTERS. 291 

Mr. Madison took out of the secret service fund ; and that 
forthwith, on the receipt of the money, Henry decamped 
and took passage for Europe, to enjoy his easily acquired 
fortune. It seems that he had tried to get money, and 
ofBce from the governor of Canada, and also from the 
ministry in England, without success; and that failing in 
these efTorts, he made Mr. Madison pay him very hand- 
somely—for what ? Giving a very just and true account 
of the distress, and well grounded dissatisfaction, which ail 
well-informed constitutional citizens felt, under the misrule 
of the two popular Presidents. 

Whether the British ministry knew or connived at the 
mission of Henry by the governor of Canada, is of no im- 
portance. It appears from Henry's showing, that they did 
not. The British minister, then at Washington, disavowed 
all knowledge of his government, that Henry was so em- 
ployed. Mr. Madison had two objects in sending Henry's 
dearly purchased papers to Congress. 1. To inflame the 
hatred against Great Britain with his own party. 2. To 
make the federalists " at the seat of government in Massa- 
chusetts," appear to be traitors. Unfortunately for Mr. Madi- 
son, neither of these effects was produced. It was at once 
discerned, from the correspondence, that Henry had done 
no more than to speculate on the character and views of 
parties, much to the disadvantage of Mr. Madison's party ; 
and that he had never disclosed to any man, in New Eng- 
land, that he was a missionary. It was also discerned, at 
once, tiiat he was earning money, or office, and consequently 
made the most of his materials. The most ridiculous part 
of the affair was the sending of these papers to Congress, 
who could do nothing with them. They were, in compli- 
ment to Mr. Madison, and to make some show of money's 
worth, committed with power to send for persons and papers. 
There was nobody to send for, but a French Count, who 
was supposed to have counselled Henry in his ingenious 



292 FAMILIAR LETTERS 

contrivance. The committee reported, that as Henry had 
not named any traitor, they could do nothing. There are 
many persons who remember John Henry, and that he was 
in Boston in 1809. But no one ever heard it suggested that 
he was a British agent. He was said to be engaged in some 
sort of land speculation ; but very few knew, or cared, how 
he was employed. He was a handsome, well-behaved man, 
and was received in some respectable families. 

The principal value of John Henry's papers is, that Mr. 
Madison has filed, in the oflice of Secretary of State, a true 
account of his owza administration, and a delineation of himt 
self, to which none of the traitors, at the seat of government 
in Massachusetts, will object, since Mr. Madison has been 
pleased to pay for, adopt, and file among the archives, 
the truth, on these points, verified by Mr. Madison's own 
witness. The following are extracts from Henry's letters to 
the governor of Canada. " On the subject of the embargo 
" laws, there seems to be but one opinion : That they are 
" unnecessary, oppressive, and unconstitutional. It must 
" also be observed, that the execution of them is so invidious, 
" as to attract towards the officers of government, the en- 
" mity of the people, which is, of course, transferable to the 
" government itself" " The embargo is the favorite meas- 
" ure ; and it is probable that some other measure will be 
" adopted to excite England to commit some act of hostility." 
" They will risk any thing, but the loss of power; and they 
" are well aware, that their power would pass away with 
" the first calamity, which their measures might bring upon 
" the common people." " Although it is believed that there 
" is no probability of an immediate war, yet, no doubts are 
" entertained that Mr. Madison will fall upon some new 
" expedient, to bring about hostilities." " The past admin- 
" istration, in every transaction, presents to the mind only 
*' a muddy commixture of folly, weakness, and duplicity." 
" But the observations made on his (Mr. Madison's) friendly 



ON PUBLIC CHARACTERS. 293 

" dispositions towards Great Britain, is a matter of no little 
" astonishment. The whole tenor of his political life, 
" directly, and unequivocally, contradicts them. His speech 
"on the British treaty in 1799, ['96?]; his attempts to 
" pass a law for the confiscation of British debts, and British 
" property; his commercial resolutions, grounded, apparently, 
" on an idea of making America useful, as a colony of 
" France ; his conduct while Secretary of State, all form an 
" assemblage of probabilities, tending to convince me, at 
" least, that he does not seriously desire a treaty in which 
" the rights and pretensions of Great Britain would be fairly 
" recognised. It seems impossible that he should at once 
" divest himself of that habitual animosity, and that pride of 
" opinion, which his present situation enables him to in- 
" dulge ; but above all, that he should deprive his friends 
" and supporters of the benefit of those prejudices, which 
" have been carefully fostered in the minds of the common 
" people against England, and which have so materially 
" contributed to invigorate and augment the democratic 
" party." 

It is improbable that John Henry exhibited such sketches 
of Mr. Madison to him before the money loas paid. After it 
was paid, and Mr. Madison had examined his purchase, as 
the sum was considerable, it would be expended without 
value, if these papers were merely deposited in the Secre- 
tary's office. Perhaps it was not much otherwise, in 
attempting to make them significant by the solemnity of 
message, which might strengthen " those prejudices which 
" had been carefully fostered in the minds of the common 
" peoj)lc against England ; " and at the same time, make 
one portion of the people distrust and hate another, still 
more cordially. Whatever these documents were really 
worth, there they are " remaining in the department of 
state," deposited by Mr. Madison's own hand, as a memorial 
of his good sense and patriotism. Perhaps they did help to 



294 FAMILIAR LETTERS 

increase the animosity which prevailed between the partiesf, 
and to promote the reign of terror, which came with the 
war. 

These documents were sent on by a member of Congress 
of this vicinity, who had the honor of being one of the six 
in the committee of foreign relations wlio reported the war 
manifesto to the House, in the following month of June. 
They arrived here in the morning of one day, and the press 
was put in motion to multiply them, and have them in 
readiness to come forth, and confound the Yankee traitors 
on the morning of the next day. The secret was not well 
kept. It reached the ears of one person with sufficient dis- 
tinctness to make its general purpose understood. He sat 
down and wrote a refutation, to appear also on the next 
morning. It came out simultaneously with the documents, 
and was so triumphantly successful, as to take from Mr. 
Madison's barb all its venom — and all its force. The public 
were left only to wonder at the disposition with which it was 
thrown, and at the feebleness of the arm which threw it. 
{See the Commercial Gazette, of March, 1809.) 

It is painful to believe, that so eminent a man as Mr. 
Madison, has exposed himself to the suspicion of having in- 
tended to prevent the election of a federalist to the office of 
(Tovernor in Massachusetts, and to secure the election of one 
of his political friends ; and of having used his own official 
power to this end. Whether this be a well-grounded suspi- 
cion or not, may depend on the impression which the follow- 
ing facts may make. 

John Henry arrived from England, at Boston, December 
23, 1811. He visited Governor Gerry, who gave him a 
letter of introduction to Mr. Madison, in which he says, that 
Henry's " professional, literary, and polite accomplishments 
" have been much respected by all his acquaintance." This 
letter bears date January 11, 1812. Henry arrived at 
Washington January 31st, and kept within his lodgings in 



ON PUBLIC CHARACTERS, 295 

the day time, and made his visits in the evening. He left 
Washintrton February lltli. On the 10th of February, fifty 
thousand dollars were drawn from the treasury, in the name 
of John Graham, chief clerk in the office of Secretary of 
State. On the 11th of February, Henry arrived at Balti- 
more, and is said to have negotiated there, an order on the 
Bank of Columbia at Washington, in his favor, on the Me- 
chanics' Bank of New York, for forty-eight thousand dollars. 
Henry sailed from New York, (or some other port,) for 
France on the ninth of March, in the United States sloop of 
war Wasp. 

It is a curious fact, that Henry had been at Washington, 
had got his money, and had returned northwardly, and w^as 
at Baltimore on the 11th of February, and that his letter of 
disclosure to James Monroe, Secretary of State, is dated the 
20th of that month at Philadelphia. It is remarkable that 
Mr. Madison had these disclosures at least twenty-Jive days 
before he made them known to Congress-; that when he 
did so make them known, Henry was actually under sail for 
France, and consequently could not be called on for any ex- 
planation. From the date of Mr. Madison's message to 
Congress to the election day in Massachusetts was twenty- 
eight days. It might take eight days to get the news to Con- 
gress, and through their agency to Massachusetts, and the 
remaining twenty days was about a convenient measure of 
time, to disseminate it, and make it known to all those who 
might thereby be influenced to vote for Elbridge Gerry 
instead of Caleb Strong. 

Now it is not intended to say, that the President of the 
United States, (knowing as well before he sent his message 
as afterwards, that Congress could do nothing with it,) did 
hope to influence the state election. Yet, as he was then 
•meditating a war message ; as it was a material thing to him 
whether Gerry or Strong was governor of Massachusetts, 
during a war ; and as he might have sent his message of 



296 FAMILIAR LETTERS 

disclosure at least twenty days sooner than he did, readers 
will judge whether there be or not, grounds for suspecting, 
that a time was chosen for the disclosure. If such was the 
intention, it met the defeat which it well deserved. Gerry 
was not rlccttd. 

In April, 1807, James Sullivan was the opposing candidate 
of Caleb Strong, and was elected by a small majority. At 
this time the bitterness of party spirit was excessive. The 
public prints indulged in remarks, on both sides, which can- 
not be justified within the most liberal extension of the right 
to discuss the qualifications of candidates. 

The following notice of Governor Sullivan is taken from 
the " Encvclopedia Americana." It is supposed that the 
Biographical sketches, in that work, are from the pen of 
Mr. Robert Walsh. 

" James Sullivan, a brother of the foregoing and Governor 
" of Massachusetts, was born at Berwick, Maine, April 22, 
" 1744. He was educated entirely by his father. The 
" fracture of a limb, in early life, caused him to turn his at- 
" tentioii to legal pursuits, instead of embracing the military 
" career, for which he had been destined. After studying 
'* with his brother, General Sullivan, he was admitted to the 
" bar, and soon rose to celebrity. He was appointed king's 
" attorney for the district in which he resided : but the 
" prospects of advancement which he might have reasonably 
" entertained, did not prevent him from taking an early and 
" decided part on the side of his country, at the commence- 
" ment of the revolutionary struggle. Being a member of 
" the Provincial Congress of Massachusetts, in 1775, he 
" was intrusted, together with two other gentlemen, with a 
" diffic\dt conmiission to Ticonderoga, which was executed 
" in a very satisfactory manner. In the following year he 
" was ai)pointed a judge of the Supreme Court. In 1779 
" and HHO, he was a member of the convention which 
" framed the constitution of the state. In February, 1782, 



ON PUBLIC CHARACTERS. 297 

" he resigned his judgeship, and returned to the bar. In 
" 1783, lie was chosen a member of Congress, and, in the 
" followincr year, was one of the commissioners in the settle- 
" ment of the controversy between Massachusetts and New 
" York, respecting their chiims to the western lands. He 
" was repeatedly elected a representative of Boston, in the 
" legislature. In 1787, he was a member of the executive 
" council, and judge of probate for Suffolk ; and, in 1790, 
" was appointed attorney general, in which office he con- 
" tinued till June, 1807, when he was elevated to the chief 
" magistracy of the Commonwealth. He was subsequently 
" appointed, by President Washington, agent, under the 
" fifth article of the British treaty, for settling the bounda- 
" ries between the United States and the British Provinces.* 
" He was a second time chosen governor of the state ; but 
" soon afterwards, his health became enfeebled, and on the 
" 10th of December, 1808, he died, in the 05th year of his 
" age. Governor Sullivan was the projector of the Middle- 
" sex canal. Amidst his professional and political pursuits, 
" he found time to prepare several works, mostly on legal 
" or political subjects. One is a history of the District of 
" Maine, which is a creditable monument of his industry 
" and research." 

Extract from the answer of the House of Representatives to Lieu- 
' tenant Governor Lincoln's speech. (The House and Senate and 
Executive Council, were federal.) 

" The afflicting dispensation of Divine Providence, which 
" has deprived this Commonwealth of its late commander 
" in chief, cannot be more sincerely deplored by your Honor, 
" than it is sensibly felt by the House of Representatives. 
" Elevated to the chair of state in opposition to the political 
" sentiments of a majority of the legislature, we are happy 
" to declare, that the late Governor Sullivan, in the dis- 



This appointment was in Washington's second presidency, in 1796, 



298 FAMILIAR LETTERS 

" charge of his high and important trust, appeared rather 
" d(!sirous to be tlie governor of Massachusetts, than the 
" leader of a party, or the vindictive champion of its cause." 
Governor Sullivan died, after a distressing illness. He 
had an ossification of the aorta (the great artery of the 
heart). He was a man of extraordinary industry and energy. 
His defective education was, in a great degree, remedied, 
by his own diligence. He was hospitable ; and devoted to 
the public service. He was a member of many societies, 
and corporations, and president of several of them. He 
lived in troublesome times ; and taking, as he did, a very 
active part in political scenes, tranquillity was rarely among 
his enjoyments. He disapproved of Jefferson's restrictive 
measures; and, at length, declined being Jefferson's agent 
in issuing permits for the coasting trade. While he did 
exercise this power, he gave permits to every applicant. 
Jefferson complains in a letter to Lieutenant Governor Lin- 
coln, that Governor Sullivan's permits were not given to 
those of the true faith only, but were openly sold in the 
soutliern markets. 



LETTER LVIII. 

December 25, 1833. 

Of the two sorts of despotism : 1st. That which is exercised 
by one man ; 2d. That which is exercised by a popular 
chief in the name of the people ; — the latter is the most ter- 
rible, and it is that which our republic has come very near 
to, repeatedly. It is not intended to be despotism, but is the 
natural operation of the sj)irit of party. It would not be 
just, for example, to impute to the gentleman, (Lieutenant 
Governor Lincoln,) who exercised the executive power in 
Massachusetts, in the commencement of the year 18C9, a 
design to establish absolute power, and to deprive free citi- 



ON PUBLIC CHARACTERS. 299 

zens of the right to discuss the conduct of rulers, and the 
tendency of their measures. He may be supposed to have 
considered liimself to be doing what it was his duty to do, 
as a republican chief magistrate. Yet no one can read his 
speech to the legislature of Massachusetts, (January, 1809,) 
without perceiving, that the doctrines therein contained, 
would, if carried but little further, have submitted the United 
States to the mere will of Thomas Jefferson, and his adher- 
ents. His Honor very plainly intimates his own belief to be 
in perfect conformity witli that conviction which Mr. Jeffer- 
son's fourth volume discloses, viz : That Massachusetts was 
the hot-bed of disaffection, disunion, and traitorous designs. 
His Honor spoke to men who understood him, and who felt 
indignant at his insinuations. They should ratlier have felt 
sorrow and compassion for the delusions of party, while they 
repelled, (as the following extracts from their answers will 
show they did,) his Honor's unfounded suggestions. 

The Senate, (among other things,) said : " We are happy 
" to accord with you, ' that our encinies alone could have 
tt represented the New England States , as prepared for oppo- 
" sition to the authority of the lotv, and ripening for a 
" secession from the Unioti.'* The people of New England 
" perfectly understand the distinction between the const itu- 
" Hon, and the administration. An administration may 
" become corrupt, but the people will remain pure. Who 
" shall decide when the public functionaries abuse iheir 
" trust? The ' meetings,' to which you allude, have been 
" attended by men second to none in the United States, for 
" their legal and political knowledge, for their love of order, 
" and for their patriotism. Can such assemblies of citizens 
" merit censure in a republican government? Can it be 
" necessary to remind your Honor that the administration of 
" Washington produced precisely the reverse of the picture, 
" which you have drawn so much to the life ? ' Whence, 

* Words in italics, quoted from the Lieutenant Governor's speech, 
and by him applied to Jefierson's administration. 



300 t-AMlLIAlt LETTEHS 

" then, the causes of distrust, jealousy , altercations, and hit* 
** ter aspersions' upon that great and good man, and upon 
" all who were attached to his measures? ' Whence the 
" ever to be regretted indiscretions, suddenness, and individ- 
" ual rashness, tvhich denounced' an administration, that 
*' safely guided the people to prosperity and glory, amidst 
" great and impending dangers ? We have seen as little of 
" the spirit as o^ policy , in the embargo system. We know 
" that the Emperor approves, if he did not dictate, the 
" measure. We know that Great Britain receives immense 
" advantage from the surrender to her, of the whole trade of 
" the world ; and we cannot imagine why the people should 
" be called on to ' endure privations,' luiless the administra- 
" tion, having failed to operate on the fears or interests of 
" the ' warring powers,' expect, ere long, to obtain relief 
" from their compassion." 

The House of Representatives, (among other things,) 
answered : " The legislature and people of Massachusetts, 
" now are, and have ever been, firmly and sincerely attached 
" to the Union of tlie States ; and there is no sacrifice they 
" have not been, and are not now willing to submit to, in 
" order to preserve the same according to its original pur- 
" pose. Of this truth, your Honor must be convinced. We 
" do not appeal to the unvarying conduct of our citizens 
" during the glorious administrations of Washington, and 
" Adams, Avhen the patriotic endeavors of our statesmen, 
" under the most perplexing embarrassments, pursued and 
" secured the interests and honor of the nation. But we can 
" appeal to the patience with which our citizens have borne 
" the administration of those, whose boast it has been, to 
" proscribe all the measures of their predecessors, and most 
" of the men whose talents and virtues had assisted in se- 
" curing to the United States the blessings of a free govern- 
" ment. It ought not to be a matter of surprise that men, 
" who, either on the floor of Congress, or elsewhere, have 



ON fUBLTC CHARACTERS. 301 

*' adopted measures hostile to the Union, and subversive of 
" its principles, should endeavor to brand with the calumny 
" 1/ou mention, the efforts of those who sincerely aim at pre- 
*' serving the constitution, by demonstrating the tendency 
'' of their arts ; and who studiously exert themselves to pre- 
" wcn# a dissolution of the federal compact, by stating the 
" dangers of such an event. We cannot agree with your 
" Honor, that in a free country, there is any stage at 
" which the eonstitutionality of an act may be no longer 
" open to discussion, and debate ; at least, it is only on the 
" high road to despotism, that such stages can be found. 
** Were it true, that the measures of government, once 
" passed into an act, the constitutionality of that act is 
" stamped with the seal of infallibility, and is no longer a 
" subject for the deliberation or remonstrance of the citizen, 
" to what monstrous lengths might not an administration 
" carry its power ! It has only to pass through rapid read- 
" ings, and midnight sessions, without allowing time for 
" reflection, or debate, to the final enactment of a bill, and 
" even before the people are informed of the intentions of 
" their rulers ; and then, their chains arc riveted, and the 
" right of complaint denied them." 

It may be inferred, from these extracts, what the charac- 
ter and tendency of the repuhlican Lieutenant Governor's 
speech was ; and with what constitutional and honorable 
spirit it was met, by the true friends of the national union. 
The long answer of the House of Representatives, is full of 
real republican principles ; such principles as must govern 
in this land, or the doctrines of the Lieutenant Governor 
must be admitted that the administration is every thing ; and 
their electors nothing. 

These events occurred about twenty-four years ago. It 

was then the Jeffersonian creed that the executive and 

legislative, united, were supreme ; do what they might, the 

people must submit. This was received by freemen with 

26 



302 FAMILIAR LETTERS 

indignation, and the tyrants retraced their steps. But now, 
in 1834, we have made an astonishing advance ! One man 
has dared to do, in the character of President of a free re- 
public, what no monarch in all Europe, crowned in right of 
hereditary succession, would venture to propose ; and a 
majority of the House of Representatives look on and 
applaud ! 



LETTER LIX. 

December 24, 1833. 

The experience already had under our republican insti- 
tutions, clearly shows, that in times of pressure and suffering 
a majority of electors always recur to true, sound, constitu- 
tional rulers ; but, that as soon as pressure and suffering 
cease, they listen to the interested partisans, who know how 
to delude, and to captivate. The operations of Mr. Jeffer- 
son's embargo, took away the daily bread of so many 
citizens, that they were compelled to look into causes, and 
think for themselves. They distinguished between the 
pretended, and the real friends and supporters of constitu- 
tional, and rational policy. 

In April, 1809, the federalists nominated Christopher 
Gore for Governor ; the same citizen whose name will be 
found in Mr. Jefferson's fourth volume, as one of the leading 
monarchists, and anglomen. The people of Massachusetts 
did not so regard him ; and he was elected. Whether Mr. 
Jefferson was right, or whether Christopher Gore was a 
political hypocrite, may depend on the opinion of him 
which the following extract from his first official speech, 
(June 7, 1809,) may make. 

" Educated at a time when the principles of civil liberty 
" were investigated and discussed by the sages and heroes 



ON PUBLIC CHARACTEBS. 303 

" who conceived and accomplished our glorious revolution, 
" my strongest and earliest impressions were in favor of 
" that well regulated freedom, which is secured by our 
" excellent constitution. An absence of eight years in the 
" service of our common country, by the opportunity it af- 
" forded of remarking the circumstances of other nations, 
" served to confirm, and if possible to increase, the respect 
" and reverence I had previously imbibed, for the civil and 
" religious institutions of my native state. A comparison of 
" our condition with that of any other people, must convince 
" every one of the enviable situation in which we are placed, 
" and of the superior means afforded to us, for enjoying all 
" the blessings of which social life is capable." 

" To adopt a rule that no man is to be selected for office, 
" unlesp he be of the particular sect or party of those who 
" administer the government, or subscribe to their political 
" creed, is to establish a principle, not only not recognised 
" by, but directly repugnant to the constitution. It is, more- 
" over, highly unjust to the people, as it narrows the choice 
" for office, and may frequently exclude from their service, 
*' the purest integrity, the highest capabilities, and the best 
" dispositions. It is considering government, as instituted 
" not for the common good, but for the exclusive advantage 
" of an association, or party of men." 

" The history of the United States, and of this state, has 
" ever shown Massachusetts submitting with cheerfulness to 
" the most important sacrifices, for supporting the common 
" cause, and general interests of the Union ; and this with- 
" out the smallest disposition to dictate to the other mem- 
" hers of the confederacy, Under the distressing circum- 
" stances of the last year, the legislature did, what duty 
"rendered indispensable, and surely they did no more." 

Extract from the answer of the House oj" Representatives : 

" We feel sincere pleasure in the assurance of the ob- 
" servance, on the part of your Excellency, of those great 



304 FAMILIAR LETTERS 

" fundamental principles of the constitution, and of all re- 
" publican governments, which ought never to have been 
" denied in argument, nor violated in practice. We rejoice 
" in a recurrence to the first principles of the social com- 
" pact : that all power resides in the whole people ; that 
"government is instituted for their 'protection, safety, 
" prosperity, and happiness,' and ' not for the profit, honor, 
" or private interest of any one man, family, or class of men ; ' 
" in short, that ofiices of honor or emolument, are not in- 
" tended to strengthen the hands of party, but to promote 
" the public good. They ought not to be bestowed as bribes, 
" to induce, or reward political fidelity, or apostacy ; but to 
" place the public interest in the charge of men, whose prin- 
" ciples and feelings, secure their interest in its support." 

In this political year, commencing the last Wednesday 
in May, 1809, among the names which appear in the ex- 
ecutive, and legislative departments, are the following : 

Christopher Gore, Governor ; David Cobb, Lieutenant 
Governor ; Edward H. Robbins, Artemas Ward, Thomas 
Dwight, Ephraim Spooner, Prentiss Mellen, Oliver Fiske, 
Nathaniel Dummer, William Prescott, Daniel Dewey, mem- 
bers of the Executive Council. 

Harrison Gray Otis, President of the Senate, William 
Spooner, John Phillips, Peter C. Brooks, John Welles, Suf- 
folk Senators ; and a majority, in that branch, of men of 
like character. 

Timothy Bigelow, Speaker of the House. Among the 
members who represented Boston, were William Brown, 
William Phillips, Daniel Sargent, Benjamin Russell, John 
Parker, Joseph Head, Charles Jackson, William H. Sum- 
ner, Daniel Messenger, Warren Dutton, John T. Apthorp, 
and twenty-six others of like cliaracter, and of various voca- 
tions ; and a majority of men, of like standing, in the 
House. 

It was at this time, that Mr. J. Q. Adams imagined, that 
a dangerous conspiracy was going on, to sever the Union, 



ON PUBLIC CHARACTERS. 305 

and establish a northern confederacy. As these citizens, 
who have been mentioned, and many others of like charac- 
ter and condition, were those who directed the tone of 
public sentiment, at that time, certainly Mr. Adams would 
find some of his disunionists and conspirators, among those 
who have been named.* It belongs to him to point them 
out, and to compare the opinions by them publicly expressed, 
with any other opinions which he knows them to have ex- 
pressed or entertained. 

Those of the seat of government have been mentioned, 
rather than others, from other parts of the state, because it 
appears, that Mr. Madison particularly alludes to this " seat 
of government " as the seat oi conspiracy. 

Of those who have been mentioned as members of the 
executive, or legislative branches, Mr. Gore and Mr. Otis, 
will be elsewhere mentioned. There are others, whom it 
may be proper to notice, more particularly here. General 
Cobb, who was Lieutenant Governor, had been a member 
of General Washington's military family during most of the 
war. He was a physician ; and after the peace, he resumed 
his practice at Taunton, and was Chief Justice of the Court 
of Common Pleas. In the times when the insurrectionary 
spirit displayed itself in his county, he was Major General 
of the militia, as well as Chief .Tustice of the Court. He 

* There is one man, yet among the living, who has done more good 
to the American nation, than some who have called forth extravagant 
eulogies, or than one man, who has been figured in bronze and mar- 
ble. A sensible, well-informed, diligent Editor has a powerful 
influence on public opinion. Benjamin Russell, Editor of the Centi- 
nel for nearly half a century, was not surpassed, if equalled, by any 
man in that vocation, since the revolutionary war. He was the best 
commentator on the belligerent events of Europe, that there then 
was in the United States. He was well versed in the character of 
men, and in the bearing of party policy, at home. His long continued 
paper is an historical treasure. Benjamin Russell deserves well of 
his country. 

2G* 



306 



FAMILIAR LETTERS 



left the Bench to exercise his military command ; and de- 
clared, that " he would sit as a Judges or die as a General." 

General Cobb was a man of middle stature, and of full 
person ; his face was large, and expressive of a manly, and 
resolute heart. He was frank, sincere, and honorable ; and 
expressed his opinions without reserve ; and, thinking as he 
did, of the opponents of Washington, and of the friends of 
Jefferson, he sometimes gave opportunity to his political 
adversaries to quote his sayings, to their advantage. But a 
more pure, kind-hearted, honorable gentleman than General 
Cobb never lived. He was full of good social feeling, and 
was welcome and gratefully received, in the circles, where 
the rational enjoyment of whatsoever is pleasant to the 
senses, derives a value from the interchange of intellectual 
sympathy. He prolonged his life, by a course of remarkable 
abstinence, after having been the delight of social circles, 
for no small portion of his days. He was a true Washington- 
man in all his political feelings, and saw, with sincere regret, 
the decline, and probable extinction, of the true principles 
of republicanism, which he had devoted the meridian of his 
life to secure and preserve. 

Timothy Bigelow, for a series of years Speaker of the 
House, was a lawyer of eminence in the county of Middle- 
sex. Perhaps no man has spoken to so many juries as Mr. 
Bigelow. He was most faithfully devoted to the cause of 
the revolution. His earliest impressions were associated 
with the great contest for liberty. He used to speak with 
enthusiasm of the national constitution, and of the Union, 
as consequences of success. He was a kind-hearted, friendly 
man, and had many affectionate friends. He was distin- 
guished as a man of taste ; towards the close of his life, he 
took great delight in horticultural employments, and may 
claim, with others, the merit of exciting the demand for this 
gratification, which has now attained an eminence, associated 
no less with science than with pleasure. Mr. Bigelow was 



ON PUBLIC CHARACTERS. 307 

a tall man, well formed, and of courteous manners. He had 
the iiarrative gift in an eminent degree ; which among 
other qualities, made society with him exceedingly grateful. 

To one who looks back on what the social world was, it 
seems as though money-making, and selfishness, had frozen 
the currents of the heart. That frank, friendly, social, hos- 
pitable intercourse, which was once the delight of this land, 
is gone (it is feared) for ever ; and the cold, calculating 
spirit of accumulation, or the worthless emulation of show 
and splendor, has succeeded. 

Among those who have been mentioned, as participating 
in the government of 1S09, there are some yet alive. It 
would be grateful to speak of them as they should be spoken 
of, as well as of some, who are not here to see the withering 
of the hopes which they delighted to cherish. In the first 
case there is the risk of offending men who are not solicitous 
of the world's notice ; and in the second, the field is unlim- 
ited, and there must be a stopping-place somewhere. 

It might have been supposed that intelligent and far- 
sighted merchants, would have been better judges of their 
own interests, than southern planters, or than lawyers or 
cultivators, from the new regions of the loest. Good, or 
bad judges, they condemned, almost with unanimity, the 
policy of Jefferson and Madison. Those who had the most 
to lose, or to gain, in commercial enterprises, were the most 
decided in their condemnation. Few of the eminent mer- 
chants of those days, are here to lament similar grievances, 
and follies, of the present day. Among those who are no 
longer among us, and who might be distinguished as intelli- 
gent and accomplished men of business, were James Perkins, 
and Thomas C Amory. The former, and his partner, 
Thomas H. PerJdns, were the first Canton merchants in 
the world. Thomas C. Amory was extensively engaged 
in very varied commerce, on the ocean. To these might 
be added hundreds of others, who were large ship-owners. 



308 FAMILIAR LETTERS 

None of these could discern any thing in the commercial 
measures of the administration, but defeat of their plans, 
and ruin to their prospects. 

There can be little doubt that the care and solicitude 
concerning ships, merchandise, and seamen, manifested by 
Jefferson and Madison were mere pretences. Neither of 
these gentlemen differed in opinion from Napoleon, on such 
subjects ; and he fully accorded with the Romans, (as shown 
by Cicero,) in placing mcr chants among the lower orders of 
society. These friends of liberty seem not to have known, 
that commerce and liberty are twin sisters; that merchants 
have been the true patrons of the arts, of science, of litera- 
ture ; the munificent supporters of public and charitable 
institutions ; the ornament of social life. Even in our own 
little community, how many instances are fresh in memory, 
of noble liberality among merchants. In the same street, 
are seen two spacious buildings, formerly the dwelling-places 
of two brothers, one of them the gift of one of these brothers 
to the AthenfEum,* the other the gift of the other brother, 
as an asylum for the blind.! Gifts, not postponed to the 
time when the owner and his property must part for ever, 
but in full life. To commerce also, are we indebted for 
one of the most valued charities in the nation. A merchant 
bequeathed an hundred thousand dollars to the Lunatic 
Hospital. I These are the fruits of that commercial dealing, 
which Jefferson and Madison heartily despised. There will 
be found, in a subsequent page, some notice of Jefferson's 
opinions on merchants ; and no difference is known between 
his opinions and those of Madison.^ 



* James Perkins. 1 Thomas Handasyd Perkins. t John McLean. 
§ It cannot be unacceptable to any one who knew Thomas C. 
Amory, to offer a passing tribute to his memory. He died in 
November, 1812, at the age of 44. He was a tall man, of amiable 
and intelligent countenance, of frank and courteous manners; of 



ON PUBLIC CHARACTERS. 309 

The embargo having been removed, and the busy citizens 
of Massachusetts, having engaged in their accustomed voca- 
tions; and thinking more of these, than of political dangers 
and duties, an opportunity again occurred for the friends of 
the people to take a majority into their custody. Elbridge 
Gerry was, by them, nominated against Governor Gore, and 
was the successful candidate. He was the Chief Magistrate 
from May, ISIO, to May, 1812. As there is nothing to be 
said of his administration, which one could take pleasure in 
saying ; so the pain of speaking of it as it may have deserved 
may be avoided. When the time comes for writing the 
sober History of Massachusetts, the historian will find abun- 
dant materials for his work in these two years ; and the ex- 
ercise of party power in districting the commonwealth for 
the choice of senators, is particularly commended to his 
notice. He will find the English language enriched by a 
new term, (Gerrymandering,) which may often find a suita- 
ble application, when the origin of it may have been forgot- 
ten. He may find it in the patriotic labors of the two years 
in which Mr. Gerry was Governor of Massachusetts. 

The dark and mysterious administration of Mr. Madison, 
the able and enlightening discussions of the press, the exer- 
cise of power in Governor Gerry's time, the apprehension of 
war with Great Britain, and of alliance with France, again 

clear, sound judgment, and executive capacity. Such qualities may 
not distinguish him from some others ; but he had qualities, which, if 
they did not so distinguish him, placed him high among those, who 
are so fortunate as to have the like ones. He had as kind and friendly 
a heart, as ever beat in human bosom. He was considerate of others ; 
the friend and the visiter of the sorrowful and unfortunate ; and of 
noble generosity. He was eminently hospitable, and one of the most 
acceptable companions that ever adorned a social circle. His death, 
in the zenith of manhood, was a mournful bereavement. At this 
long distance from that event, survivors remember him with a fresh- 
ness of feeling, and interest, which makes it seem as the loss of 
yesterday. 



310 FAMILIAR LETTERS 

called the attention of our community, from their private 
affairs, to tlie duties of citizens. It was a relief and gratifi- 
cation, hardly to be described, to one portion of the people 
of this state, that they were to have, at the head of the Com- 
monwealth, the calm, steady, constitutional republican, 
Caleb Strong, in the trying times that were expected, and 
not Elhridge Gerry. If this change had not occurred, the 
condition of Massachusetts, and of its militia, cannot be 
contemplated without dismay. There must have been a 
civil war, or the militia would have gone to lay their bones 
in Canada, in the fruitless, hopeless attempt to conquer that 
country ; while the seaboard would have remained subject 
to all the miseries, which a vindictive foe could inflict. 



LETTER LX. 

December 29, 1833. 

Mr. Madison's w-ar message was passed to the committee 
on foreign relations in the House ; a majority of which, viz. 
John C. Calhoun, S. C. ; Felix Grundy, Tenn. ; John 
Smilie, Penn. ; John A. Harper, N. H. ; Joseph Desha, 
Ken. ; and Ebenezer Seaver, Mass. agreed upon and re- 
ported a manifesto, as the basis of a declaration of war. 
These names are not mentioned by way of reproach to these 
gentlemen, but to show how strong is the power of party. 
Without this influence, how could some of these men think 
it patriotic and dutiful, in the existing state of Europe and 
of this country, to undertake an offensive war ? This in- 
strument sets forth the old grievances of blockades, orders in 
council, and impressments, measures affecting the commer- 
cial part of the nation. Three fourths, at least of this part, 
were to be found north of the Delaware. The act declaring 
war passed the eighteenth day of June (1812). If the 



ON PUBLIC CHARACTERS. 311 

causes of war were such as to warrant this declaration, it 
might be expected that those who were in favor of it, would 
be found to be residents north of the Delaware. This was 
not so; on the contrary, the planters and lawyers, of the 
south, and of the west, and others from those quarters, 
knew better than northern citizens, what measures were 
necessary to protect their property, and to vindicate their 
rights. 

In the House of Representatives the whole number of 
members was 128 ; of these 79 voted for the war ; and of 
these ('9,) 62 resided south, and 17 north of the Delaware. 
The Senate consisted of 32 members, 19 of whom voted for 
the war, and 14 of these resided south of the Delaware ; and 
5 of the 19, north. Putting together the war members, of 
both branches, residing south of the Delaware, viz. 62 and 
14, they make 76 ; which is four short of half of the whole 
number in both branches. Thus the war may be said to 
have been a measure of the south and west, to take care of 
the interests of the north, much against the will of the latter. 
The whole number of members in both branches residing 
north of the Delaware was 68, of whom only 21 voted for 
the war. 

It requires some charity to believe that the real causes of 
the war, were those set forth in the manifesto. But party 
allegiance may have required this measure, even against the 
conscientious belief of those who supported it. 

There is some ground for the opinion, that a portion of 
those members who voted for the war, in both branches, did 
so because circumstances forced them to express an assent, 
contrary to their own convictions of duty. In truth, the 
Jeffcrsonian party had created an excitement, which the 
leaders could not control. There is one man now living, 
who has long been a tenant of a seat in the capitol, who can 
tell if he would, with what extreme and foreboding reluct- 
ance he voted for the war, as the least of the appalling evils 
which haunted his mind, and even his dreams. 



312 FAMILIAR LETTERS 

The probability is, that the members from the west expect- 
ed benefits from the war, which shut out all perception of 
dutiful expediency. They may have believed that their own 
regions would be the scenes of activity, enterprise, and ac- 
quisition ; and they may have been careless of consequences 
to the seaboard, leaving that to defend itself as it could. 
Our southern and western brethren saw fit to make the 
" experiment." Does any portion of them desire to see 
another of the same kind ? It is not intended to cast any 
reproach on those who proposed or assented to the war. 
But to show what the perils of the country must always be, 
when the government of it is submitted to party men. The 
tyranny of party among its own members, is as inexorable 
and vindictive as any which it exercises against its adver- 
saries. Consider the state of the Representatives of the 
nation at this moment. What prevents the House of Rep- 
resentatives from doing, what a large majority of them, in 
their consciences believe ought to be done, for the relief of 
the country ? Are they not sensible men 1 Are they not the 
sincere friends of their constituents 1 Are they not desirous 
that their fellow citizens should enjoy all the benefits of in- 
dustry, and all means of independence, and happiness? 
Undoubtedly. Are they, then, fascinated by the intelli- 
gence, the virtues, and the public services, of Andrew Jaclc- 
son ? Not at all. They, probably, think him a very unfit 
man for his station. By what spell, then, are they bound ? 
By that all powerful one, which Mr. Jefferson created. They 
are party men. Those, also, were party men who laid the 
embargo, and who voted for war. The denunciation of 
their own partisans, is more to be dreaded than the derelic- 
tion of duty, and the reproaches and contempt of their own 
constituents. It was the same spirit, in another form, which 
carried the arms of France tliroughout the continent of 
Europe, and occasioned the horrible scenes which disgraced 
the last ten years of the last century. The members of 



ON PUBLIC CHARACTERS. 313 

selfish parties may, and often do, hate each other, as men, 
most sincerely. There may be such instances in certain 
honorable assemblies of the present day. But this does not 
impair fidelity in the common cause. Thus it requires far 
greater magnanimity, than can ever be expected from party 
men, to do what they know to be right ; and to abstain from 
what they know to be wrong. The great leaders of the 
party in power, now, had rather see the whole country as 
desolate as a territory in Asia, after an army of locusts have 
encamped upon it, than to yield a single point of party. 
The corrective lies with the people ; they can set this matter 
right, and no other earthly power can. 



LETTER LXI 

January 2, 1834. 

The friends of peace resisted the declaration of war, in 
Congress, with reason, good sense, faithful love of country, 
and serious eloquence ; but such weapons were powerless 
against the infatuation of party. 

They said, that neither the government, nor the people, 
were prepared for war ; that the removal of restrictions had 
induced the commercial part of our citizens to engage ex- 
tensively in shipments, and that many millions, not insured 
against war risks, would fall into the hands of the enemy. 
They insisted that the nation was destitute of all means of an- 
noying the enemy on the ocean ; and that the whole effective 
force of the United States (independently of militia) was in- 
competent to defend any one of our seaports and cities. Thai 
an army could not be made in a day ; that if the materials 
had been gathered, the officers and soldiers must undergo a 
course of discipline and camp experience, which the war- 
worn of Europe had declared, could not be efiected in less 
27 



314 FAMILIAR LETTERS 

time than a year. They insisted not only, that the country 
was utterly destitute of means to coerce an enemy, but 
equally so of means of defence, if the enemy should become 
the assailants. 

They urged that impressment was not a cause of war ; 
first, because war would not settle the right ; and secondly, 
because Great Britain had always been willing to negotiate. 
That all other subjects of controversy had passed away, but 
the orders in council. That whether England had, or had 
not a right to pass retaliatory orders, it was well known, 
that these orders would be rescinded as soon as France had 
annulled her decrees. That the administration had asserted 
what no rational being in the nation believed but themselves, 
viz. that these decrees were repealed. They further insisted 
that the present time was precisely that in which a war 
should not be begun. They described the state of Europe 
as one which, if there were no other reason, demanded delay. 
But this was not the most cogent reason. The government 
could not carry on a war without money. It had no depen- 
dence but on eommercial revenue. War would greatly 
diminish, if not annihilate this. Loans, taxes, militia ser- 
vice, must be resorted to. Soon the enemy would be on our 
coasts, and, defenceless as they were, and would continue to 
be, a comparatively small force could keep two thousand 
miles of seaboard in continual, harassing, and costly alarm. 

If the object was the conquest of British provinces, there 
were no means prepared to this end ; none which could be 
prepared, before the whole force that could be organized, 
would be required for the sole purpose of defence along our 
own shores. 

The friends of peace further urged upon the war party, 
that if their purpose was the conquest of Canada, it was im- 
practicable, and worse than worthless if it could be accom- 
plished. It is worth while to transcribe the opinions of that 
erratic-administration-man, John Randolph, who was some- 



ON PUBLIC CHARACTERS. 315 

times very right in his views, whatever may be said of him 
at others. What he said in 1806, in committee of the whole, 
was as true in 1812, as then. 

" There are three points to be considered : 1. Our ability 
" to contend with Great Britain. 2. The policy of such con- 
" test. 3. Conceding both these points, then the manner 
" in which we can, with the greatest effect, retort upon, and 
" annoy, our adversary. 

" Now the gentleman from Massachusetts has settled, at 

" a single sweep, not only that we are capable of contend- 

" ing with Great Britain on the ocean, hut that toe are 

''actually her superior ! Whence does the gentleman de- 

" duce this inference 1 Because truly, at that time, when 

" Great Britain was not mistress of the ocean, when a North 

" was her prime-minister, and a Sanchcich the first lord of 

" her admiralty ; when she was governed by a counting- 

" house administration ; privateers of this country trespassed 

" on her commerce. So, too, did the cruisers of Dunkirk. 

" At that day Suffrcin held the mastery of the Indian seas. 

" But what is the case now? Do gentlemen remember the 

" capture of Cornwallis on land, because De Grasse main- 

" tained the dominion of the ocean ? To my mind, no posi- 

" tion is more clear, than if we go to war with Great Britain, 

" Charleston, Boston, the Chesapeake, and the Hudson, 

" will be invested with British squadrons. Will you call 

" on the Count De Grasse, to relieve them, or shall we apply 

" to the Admiral Gravina, or Admiral Villeneuve, to raise 

" the blockade ? But you have not only a prospect of gath- 

" ering glory, and what seems to the gentleman of Massa- 

" chusetts much dearer, l^rofii, by prwatrcring ; but you 

" will be able to make a conquest of Canada and Nova 

" Scotia. Indeed ! Then, sir, we shall catch a Tartar. 

" I have no desire to see the Senators and Representatives of 

" the Canadian French, or of the tories and refugees of Nova 

" Scotia, sitting on this floor, or that of the other House ; to 



316 FAMILIAU LETTERS 

" see them becoming members of the Union, and participat- 
" ing in our political rights. And on what other principle 
" woidd the gentleman from Massachusetts be for incorpo- 
" rating these provinces with us 1 Or, on what other princi- 
" pie could it be done, under the constitution ? If the gentle- 
" man has no other bounty to offer us for going to war, than 
" the incorporation of Canada and Nova Scotia, I am for 
" remaining at peace." 

Every one of the predictions of the friends of peace were 
sadly fulfilled ; and greater evils than they foretold, were ex- 
perienced by this misgoverned country. 

It is worth while to look at Europe, to judge of the time 
which Mr. Madison selected to go to war with England. 

Napoleon had reduced the whole of Europe to his absolute 
dominion, or to a state of dependence little short of it, as 
far eastwardly and northwardly as the confines of Turkey 
and Russia. There was still, in some parts of Europe, the 
show of independent powers, but it was nothing more. He 
had placed three of his brothers on thrones ; one in Spain, 
one in Holland, one in Westphalia. One of his generals, 
Murat, was king of Naples, and husband of his sister. He 
had first beaten the emperor of Austria, and then divorced 
Josepliine, to marry the emperor's daughter. He was king 
of Rome, until he gave that title to his infant son. A 
French general was on the throne of Sweden, and had 
entered into the continental system. Russia alone stood 
out, and continued her commerce, so far as French pri- 
vateers would permit, through the Baltic. It is a curious 
fact, that Archangel, in north latitude sixty-four, on the 
shores of the White Sea, was, in this derangement of Europe 
by Napoleon, the principal port of entry for all English and 
American merchandise, which could find its way into the 
continent. A considerable amount of American property 
was burnt at Moscow, when that city was destroyed, after 
Napoleon had taken possession of it. 



ON PUBLIC CHARACTERS. 317 

England had resisted this terrible aggrandizement. She 
had her thousand ships and had made herself the mistress 
of the seas. Her maritime force had no enemy to contend 
with ; she had driven every thing, that dared to show a 
hostile flag, from the ocean ; excepting that sometimes a 
French squadron would steal a flight along the waves, to 
shun English ships, and burn those of Americans. 

It was under such circumstances, that Mr. Madison chose, 
for this commercial nation, England for an enemy, and Na- 
poleon for an ally ! As the federalists dared to denounce 
this abominable policy, they were, in fact, included, though 
not expressly named, in his manifesto of war. 



LETTER LXII. 

January 7, 1834. 

It is remarkable that on the 24th day of June, 1812, 
hostilities commenced between Napoleon and Russia, and 
that on the ISth of the same month, war was declared 
by the United States against England. During the spring 
of that year, Napoleon had been preparing for this war, 
because Russia did not interdict the merchandise of Great 
Britain. Having assembled his forces, he departed on the 
9th of May, from his palace of St. Cloud, to prosecute his 
enterprise. It is also remarkable, that no change had oc- 
curred, in the negotiations with England, which should have 
induced a declaration of war, in the month of June, 1812, 
rather than at any other time, within several preceding 
months. It was said, and believed, that the embargo was 
known in France, to be an intended measure, while it was 
not suspected in the United States ; and it is certain, that 
war was known in France, to be determined on, although 
no rational man in the United States supposed that the 
27* 



318 FAMILIAR LETTERS 

administration would have the hardihood to propose it. 
Was there, or not, a secret understanding or agreement, 
between the French, and American governments, that as 
soon as France was ready to attack the only power in 
Europe, which had not bound itself to maintain the " conti- 
nental system," that the United States should declare war 
against England? Notwithstanding Mr. Madison assigned 
the old causes for the war, he lies under the very serious 
imputation of having had other causes at heart ; nothing 
short of having unnecessarily, and wantonly engaged his 
own country in war, for the mere purpose of aiding Napo- 
leon to prostrate his enemy. However this matter may have 
been guarded from the perception of his fellow citizens, if 
the fact was so, Mr. Madison's integrity and fidelity will be 
severely tried by impartial history. In truth, there was 
nothing to gain by war, which negotiation would not have 
gained ; and the treaty of peace settled no one of the con- 
troverted points. 

The first event after the declaration of war, that attracted 
the public attention, was the address of the minority of the 
House of Representatives. A more rational, interesting, and 
dignified paper, has not appeared since the institution of 
the government. In manner, it is much superior to the 
Declaration of Independence. As this paper sets forth the 
state of the country at that time, the course adopted to 
obtain the presence, and purposes of the war ; as it is an 
insulated paper and not easily to be found ; and as it is due 
to its writer, and signers, that it should be kept in memory, 
it is transcribed, and placed in the Appendix. 

The declaration of war, though feared, was so serious and 
shocking to a large portion of the community, that it could 
only be likened to the distressing certainty of affliction, to 
surrounding relatives, when death has thrown his dart at 
some lingering victim. While life remains, there is still 
some vague and undefined hope; — and while war was not 



ON PUBLIC CHARACTERS. 319 

declared, there was yet a sentiment, that a calamity so 
unnecessary, so oppressive, and so ruinous, would not be 
forced upon the country. 

It should be remembered, that the seaboard had not been 
fortified ; the navy had not been augmented ; the army had 
not yet been increased ; nothing had been done to fill the 
treasury — the whole country was on a. peace establishment. 
Within the first month of the war, an unconstitutional de- 
mand was made on the governors of Massaclmsetts and 
Connecticut for militia, even before the news of this aston- 
ishing measure could have reached the British Isles, and 
three months before there was the slightest probability, that 
the United States could be invaded. This demand proved 
to be in prosecution of the design to invade and conquer 
Canada, with militia ! If every subject, and soldier in 
Canada, had been willing that the militia should take quiet 
possession of that country, what good would this have done 
to the people of the United States ? During this profitless 
conflict, the attempt at conquest was continued, but without 
advancing a dozen miles into that territory, at any time ; 
while, on the other hand, the British became invaders ; but, 
as should be, were driven within their own lines, on this 
frontier. 

The military and naval character of the war, it is not the 
present purpose to describe. All this went on like other 
wars, with the exception, that it soon became defensive on 
our part. Mr. Madison's ally. Napoleon, found a more 
powerful and determined enemy than he expected ; and 
another enemy, little expected, and not at all provided for, 
even by this far-sighted chief Every body knows that the 
burning of Moscow, and the bitterness of the winter, anni- 
hilated the hosts of the Emperor, and that he hurried home 
to repair his disasters, but found his way to Elba. The fall 
of Napoleon, was also the fall of Mr. Madison. The peace 
of Europe, in the spring of 1814, left England at leisure to 



320 FAMILIAR LETTERS 

attend to the enemy who had sought to overwhelm her in 
her deepest distress. The war had assumed a ferocious 
character, little creditable to either of the parties, according 
to the rules of modern warfare. The burning of public 
buildings, and of private dwellings, is unworthy of modern 
military strife. These are matters within every one's reach, 
who does not, but desires to know them. The purpose now 
in view is, to notice the character of the times, which history 
will not notice. 

If any one desires to see the best vindication, which 
appeared, of the conduct of the administration, in the war, 
he will find it in an elaborate production, entitled "An 
Exposition of the Causes and Character of the late War." 
This was dated February 10, 1815, and was attributed to 
Mr. Dallas, then Secretary of the Treasury. 

Independently of the vassalage of party, a small propor- 
tion of the citizens of New England approved of the war. 
Public opinion soon began to manifest itself in popular 
meetings. Resolutions were passed, expressing, in decided 
terms, the feelings of a free, intelligent, and indignant people. 
Conventions were held in the difterent counties, not by any 
concert, but spontaneously. That at Northampton, at which 
fifty-six towns were represented, attracted particular atten- 
tion. A preamble and resolutions were there adopted, 
prepared with great ability, and genuine patriotic spirit. 
In the county of Worcester a convention was held, in like 
spirit, and remarkable for a pointed paraphrase of the dec- 
laration of independence. 

On the 15th of July, a great meeting was held at Faneuil 
Hall, and resolutions were then adopted, well worthy of the 
place, and of the occasion. Among others who were heard 
at this time, was Daniel Saucent, a distinguished mer- 
chant; who disclosed the fatal consequences to commercial 
interests, and to all classes who are connected with, and 
dependent on them. Josiah Q,uincv, just then returned 
from Congress, made known to his auditors, with his accus- 



ON PUBLIC CHARACTERS. 321 

tomed fervor and eloquence, the scenes which he had wit- 
nessed, and the true character and designs of the adminis- 
tration. He was followed by Harrison Gray Otis, then 
in the full vigor of manhood, as to whom, with all the 
abatement which should be made for the high excitement 
of the times, this description of his feelings, and expressions 
(as published then) is not too highly colored. 

" It is unnecessary to say more, than that he renewed, 
" with his pathetic, and glowing eloquence, that enthusiasm 
" which has been so often excited in the breasts of his fellow 
" citizens, by his patriotic and masterly speeches : orations 
" they should be called ; for, like Demosthenes, rousing the 
" Athenians to watchfulness against Philip, his addresses 
" have awakened the citizens of Boston to a virtuous jeal- 
" ousy of the intrigues of France, and of those who are 
" cooperating with her ruler, to destroy the liberties, and 
" happiness of mankind." 

Such reception of the war in New England, was highly 
exasperating to Mr. Madison and to his political party. To 
his mind, incapable of perception but through the medium 
of party, it was conclusive evidence, that the land of the 
pilgrims was sold to the enemy ; and that the war was as 
necessary against its inhabitants, as against the government, 
fleets, and armies of Great Britain. But the descendants 
of the pilgrims had sold neither their land, their opinions, 
nor their consciences. How it is now, in some portion of 
the New England States, is not so certain. It may be that 
the press, the post-offices, and " the sfanding army of forty 
thousand,"* may have deluded some of our fellow citizens; 

* In a speech in the Senate, Mr. Clay estimated the number of 
devoted partisans in office,'in the United States, and who, from the 
mere tenure of office, are pledged to sustain " the government," (as 
President Jackson calls himself,) in all it has done, is doing, means 
to do, or can do, at "forty thousand." He properly calls them a 
standing army, since they command more opinions and votes, than 
forty thousand bayonets could do. 



322 FAMILIAR LETTERS 

and may control a majority in more states than one. But 
this will not last long. The people of New England are 
sensible, and discerning. The day is at hand when they 
will do justice to themselves, and to those who have cheated 
and defrauded them, to advance their own power, and to 
increase their own riches. In the day of adversity, this 
people consider; and no people are better qualified than 
themselves, to understand cause and effect, when they do 
consider. 



LETTER LXIII. 

January 0, 1834. 

All citizens now alive, who were old enough to know 
the character of the war in relation to the opponents of the 
administration, remember, and will remember while they 
live, that they were idintifid with the chosen and public 
enemy of the United States. They were charged with ad- 
hering to, and giving aid and assistance to the enemy ; with 
trea.son, and with the design to re-establish the dominion of 
Great Britain, in their native land ! What was the evidence? 
Opposition to Mr. Madison ! Opposition, for the reasons, and 
none other, which are contained in the address of the minor- 
ity of Congress, to their constituents. Terror sealed the 
lips of thousands in free America, concerning the conduct 
and motives of their own elected rulers. If the burning of 
Moscow, and the freezing of Napoleon's hosts, had not hap- 
pened, it is not hazardous to assert, that the press and the 
tongue would have been used in the United States, for no 
other public purpose than to subserve, applaud, and honor Jef- 
ferson, Madison, and their adherents. What would have 
prevented military executions, the action of the guillotine, 
and the confiscation of the fortunes of traitors ? Nothing but 



ON PUBLIC CHARACTERS. 323 

the native spirit of New England could have prevented it : 
the spirit that descended from the pilgrim fathers. As 
soon as the horrible transactions, which occurred in Balti- 
more, in the last ten days of July, were known in Boston, 
the proper spirit of the citizens was manifested. In that 
city there was an undue proportion of " oppressed humani- 
ty," which had sought " an asylum " there ; and they be- 
came most effective allies in Madison's war. A meeting 
was held at Faneuil Hall on the sixth of August, and reso- 
lutions were passed, among which was the following: " Re- 
" solved, that we are alarmed, astonished, and confounded, 
" to find that a paper published at the seat of government, 
" and which is understood, on some occasions, to be its 
" organ, not only led the way to these scenes of confusion, 
" but has impliedly approved and justified them ; and that 
" while no mention is made of this late horrible massacre, 
" in which the blood of our oldest revolutionary officers 
" flowed in the streets, a severe commentary was issued in 
" that paper, against a republican magistrate of New York, 
" because he expressed his abhorrence of mobs. We will 
" not admit the conclusion, which these facts would seem 
" to warrant, that these mobs are not discountenanced by 
" the Executive of the United States. We would rather 
" consider them as of French origin, and the first fruits of 
" that unnatural and dreadful alliance, into which we have 
" entered in fact, if not in form." 

The citizens of Boston took very effective measures, that 
no such '^fruits " should be known among them ; whether 
any such were intended or not. There is no reason to sup- 
pose that these citizens will, in any future time, be regard- 
less of their duties, either to their country, or to themselves. 

The principal object of the disgraceful scenes at Balti- 
more was to silence the Federal Republican, a paper edited 
by Alexander Hanson, who was afterwards a member of 
Congress. The same General Lee, who was the Governor 



324 FAMILIAR LETTERS 

of Virginia, and the congressional eulogist of Washington, 
carried the effects of that assauJt to his grave, years after- 
wards. It was seen with indignant astonishment, that no 
reprobation of such measures came, directly or indirectly, 
from Mr. Madison. It was believed that he did not disap- 
prove of them. If rumors are entitled to credit, he was 
given to understand, that if any such scenes occurred in the 
city of Washington, he would be held responsible in his 
own person. 

These are no fictions, but realities, as thousands now 
living can testify. Did Mr. Madison mean to break through 
all constitutional restraints, and establish himself as a tyrant 
over his fellow citizens? Not at all. Mr. Madison was 
acting, as he believed, constitutionally/, and as ?i patriot. It 
was constitutional, and patriotic to annihilate the natural 
and determined enemy of France ; and to silence, and make 
odious, every citizen who dared to say it was not so. Mr. 
Madison is not to be charged with tyranny, nor with disre- 
garding the constitution and laws ; but he is to be held up 
as an example, and a terrible one too, of what party may 
do in a republic, when a ruler believes that the people, 
(as he calls them,) will sustain him. Mr. Madison has been 
long enough at leisure to review his political career again 
and again ; long enough for the mists of party to clear away 
from before his vision ; long enough to know, if he looks out 
upon the world, how some of his opponents lived, and what 
their countrymen did in honor of their fame ; and how those 
who yet live, are esteemed, whom he called traitors, and 
enemies of his country. Is he now of the same opinion 1 

The conscientious opponents of the national administra- 
tion, had reason to apprehend, and did believe, that oppo- 
sition was to be silenced by violence, and terror : that they 
were, by such means, to be deprived of the right of judging 
for themselves of the wisdom, fidelity, and purposes of their 
own trustees, and public servants. ?rhey felt that the power 



ON PUBLIC CHARACTERS. 325 

which had been created for the security of life, person, and 
property, was to be used to make all these objects secondary 
to the will of a dominant faction. They found it necessary 
to combine to obtain that protection, which their rulers 
seemed voluntarily to have withdrawn. 

For such reasons, and none other, they associated them- 
selves under the name of Washington Benevolent Societies, 
throughout the state. They had regular meetings; quar- 
terly addresses ; and annual orations. The members of 
this society in Boston, were of all the various classes. The 
different vocations among the mechanics had their respec- 
tive banners, bearing appropriate emblems of their callings ; 
there were other banners which bore the insignia of peace, 
union, fidelity, and patriotism. In the annual processions 
these banners were carried through the streets. These 
societies were not like jacobin clubs, or "secret societies," 
as Washington called them, instituted to overawe the govern- 
ment in the exercise of its powers ; but to maintain the rights 
of free and independent citizens. Not a sentiment was 
ever expressed, in these societies, inconsistent with the alle- 
giance due to the constitution, and to the union. On the 
contrary, there is no doubt, that they tended to preserve 
that allegiance, to preserve the union, and sustain the com- 
munity through its discouraging oppressions. The frowns 
and attempts of the war-party to make these societies objects 
of suspicion, and to render them odious, served only to 
strengthen them, and convince their members of their utility, 
and necessity. If the day shall ever come, when the like 
perils shall overtake the good citizens of the United States, 
let them remember this example. When the causes which 
produced these combinations ceased, these also ceased ; but 
their banners are still preserved ; and are occasionally pro- 
duced to decorate the " cradle of liberty." 

28 



326 FAMILIAR LETTERS 



LETTER LXIV. 

January 13, 1834. 

In the course of the summer of 1812, there was some 
reason to hope, that Mr. Madison liad become sufficiently 
unpopular, by his war measures, to lose a re-election. De 
Witt Clinton was then a person of some distinction in the 
state of New York. He had expressed his detestation of 
mobocracy, and had been reprimanded for it in a govern- 
ment paper. Although he had been ranked with the Jeffer- 
sonian school, yet as he had indicated his dissatisfaction 
with the policy of Mr. Madison, it was hoped, that he might 
be elected President. Any man that could have been 
elected, would have been thought by the federalists, prefer- 
able to Mr. Madison. This party were willing to combine 
with any portion of the citizens who were willing to with- 
draw from the support of that gentleman. They felt that 
any change must be for the better. 

Measures were taken to hold a convention in the city of 
New York, in the month of September, 1812. No conven- 
tion was ever assembled from more pure and patriotic mo- 
tives, nor any, whose members were more worthy and 
respectable, as men and citizens. Many of them had filled 
exalted stations ; and were afterwards honored with high 
confidence by their fellow citizens, and by executive appoint- 
ment. If this page should ever fall under the eye of any 
surviving member of that assembly, it may remind him of 
the solemnity and dignity, of the proceedings then had ; he 
can answer for himself, for the purity and patriotism of his 
own motives ; he will remember the fervent eloquence there 
displayed; and the dreadful apprehensions, then entertained, 
for the fate of his country. 

This convention continued three days. It resolved on 



ON PUBLIC CHARACTKRS. 327 

supporting De Witt Clinton, as the best chance of defeating 
Mr. Madison's election. This measure was adopted with 
reluctance by some who were present. They could not over- 
come the repugnance which they felt to supporting Mr. 
Clinton ; there were others who feared that he had not 
strength and popularity enough, in his own state, to be suc- 
cessful. A large majority of the convention, however, de- 
termined on making the proper effort to elect him. All the 
New England states, (except Vermont,) New York, New 
Jersey, Delaware, Tennessee, and Louisiana, voted for Mr. 
Clinton, and five votes out of eleven in Maryland, were 
given for him ; eighty-nine, in all. Mr. Madison had one 
hundred and twenty-eight ; making a difference of thirty- 
nine. But the Pennsylvania votes (twenty-one in number) 
having been rejected, the majority was reduced to eighteen. 
It is supposed that with a better management, and with a 
candidate more attractive than Mr. Clinton may have been, 
Mr. Madison's election might have been defeated. Under 
almost any other President, the war would have been much 
shortened ; and the people of the United States might have 
escaped a portion of their distress, and have saved many 
millions, expended almost for the only purpose of produc- 
ing it. 

This convention consisted of seventy members. There 
were from Vermont, two ; from New Hampshire, two ; from 
Massachusetts, eight ; from Rhode Island, three ; from New 
York, eighteen ; from Connecticut, six; from New Jersey, 
twelve ; from Pennsylvania, ten ; from Delaware, two ; from 
Maryland, three ; from South Carolina, four. 



328 FAMILIAR LETTERS 



LETTER LXV 



January 15, 1B34. 

As before remarked, it is not intended to follow out the 
naval and military events of the war. These will be found 
in history already written, which, like other history, delights 
to show, Avhen and how mortals have butchered each other. 
When war exists, those who are to do the fighting, are not 
much concerned with the right and the wrong of the matter. 
Those who originate the war, from whatsoever cause, know, 
that to carry it on, and fight the battles, is resolved into 
patriotism ; and that whoever is opposed to it is, of course, 
a traitor. 

There were disasters, and some reprehensible measures, 
on the part of those to whom the belligerent duties were as- 
signed. But there were, also, sunie brilliant achievements 
on land, and on the ocean, and especially on the latter. The 
navy fought itself into credit and renown, at home, and 
abroad ; and has most deservedly been, ever since, a favor- 
ite with the nation. 

But the war went on heavily, as a whole. The navy was 
not of sufficient magnitude to form a fleet, excepting on the 
lakes ; the regular army had some fine officers, and some 
who were of other descriptions ; the rank and file were 
such, probably, as other armies are made up of; but they 
were new in their occupation, and few of them had ever 
seen a battle when they enlisted. The militia were as good 
as such forces are ever expected to be at repelling invasion ; 
and not better than might be expected, in the serious em- 
ployment of conquest. 

Meanwhile the liberation of the experienced soldiery 
of England, from European contests, permitted them to 
appear on our shores ; and our gallant little navy was 



ON PUBLIC CHARACTERS. 329 

incompetent to meet a foe on salt water, except sometimes 
in single ships. 

As was foreseen, the treasury was soon exhausted. Al- 
most every form of taxation was resorted to. It soon came 
to the necessity of issuing paper money from the treasury, 
which was called exchequer bills. These rapidly depreci- 
ated, and fell to twenty per cent, below their nominal value. 
Capitalists would not lend money to carry on a war which 
they considered unnecessary and ruinous ; and they were 
severely reproached because they would not. The enemy 
were now strong enough with fleets, to blockade all the 
great ports of the continent ; and had troops enough to ha- 
rass the whole sea-coast, from the British Provinces to the 
Mississippi. That great resource which " the gentleman 
from Massachusetts" (as Mr. Randolph said) relied on, was 
not found so effectual as had been anticipated. "Priva- 
teei-ing " was not much approved of, and but few engaged 
in it. 

Thus, in less than two years, Mr. Madison and his co- 
patriots, had reduced this whole country, to a state of misery 
and degradation, much resembling that which it experienced 
at the close of the revolutionary war. 

In this state of things, bereft as the administration was of 
the confidence of the country, and absolutely bankrupt in 
resources, a measure was devised to command men, for 
naval and land service, which was as unconstitutional, and 
as abhorrent to the feelings of the citizens, as the condition 
of our rulers was desperate. Mr. Madison directed his 
Secretary of State, (and Secretary of War pro tern, on dis- 
missing incompetent men in that oOice), Mr. Monroe, to pro- 
pose to Congress a system of mprcssment, more odious than 
was ever known in England, and a conscription more shock- 
ing, than had ever been experienced in France. It seems 
to have been no objection, in the minds of these gentlemen, 
that their system would have demolished by one and the 
28* 



330 FAMILIAR LETTERS 

same blow, the personal rights of the citizen, the rights of 
property, and the provisions for the security of these in the 
constitutions, both state, and national. The true character 
of this measure is disclosed in " Dwight's History of the 
Hartford Convention," pages 311 — 33(>. Every American 
citizen ought to study this to know, what the rulers of a re- 
public can sometimes dare to do. The Congress of that 
day, submissive as it was to the will of the executive, or 
submissive as the executive may have been to its will, (as 
the truth may be,) had not the hardihood to give to this pro- 
posal the form of law ; though it came near to that point. 

Congress was called together by the President, on the 
19th of September, (1814.) The message disclosed the 
deplorable state of the country, as to credit, and force, to 
carry on the war, and called on Congress to exert all its 
energies. Congress inquired of Mr. Monroe, then lately 
appointed (or acting) Secretary of War, what he had to 
propose. It was not until the 17th of October, that he 
presented his conscription plan. This was made public, 
and was as thoroughly discussed out of Congress, as by its 
members. Eighty thousand men were, by a law proposed 
by Mr. Giles, to be submitted to the conscription, probably, 
as the first call. The law passed the House, 84 to 72 ; the 
term of service to be one year ; and that the President 
might call directly on the militia officers for the men, in case 
the governors of states refused, on request of the President, 
to detach, and surrender, the required number. 

The Senate insisted that the term of service should be 
two years, and that the President should not have the power 
to call on the militia officers, if the governors of states 
refused to comply with his call. So the two branches dis- 
agreed. When the subject came again before the Senate, 
Mr. Rufus King moved to postpone the bill to the second 
Monday of March, (a day beyond that at which the session 
was to close,) which was carried, 14 to 13. Thus nar- 



ON PUBLIC CHARACTERS. 331 

lOwly did the citizens of the United States escape the 
conscription. 

It is highly probable, that if it had been attempted to en- 
force the system of impressment, and military conscription, 
hy lair, the government would have come to an end. The 
citizens of the United States could not, and would not, have 
submitted themselves to its operation. 

It is a long time since military conscription was familiarly 
spoken of in this country. >As some future administration 
may venture on the like measure, it may not be useless to 
speak of it, briefly, as it existed in France, from which 
country it was undoubtedly borrowed, to be applied to our 
own. 

The world had, for a long time, regarded with terror and 
abhorrence, the military ascendency of France. It was 
seen, that French armies were every where victorious by the 
combination of skill and numbers. Skill could be accounted 
for. Young and ambitious generals, called to command in 
right of talents, and not of family, or princely favor, could 
hazard life, and make their followers emulate their example ; 
and numbers, thoroughly drilled, and animated by French 
enthusiasm, could do all that was required for conquest. 
But how these myriads were drawn forth, was not so easily 
understood. 

To Mr. Robert Walsh, now of Philadelphia, must be 
given the honor of having disclosed to Europe, as well as to his 
own country, the true causes of the military power of France. 
At a very early age, (probably when not more than twenty- 
five,) he had diligently investigated the origin and character 
of this power, and published the result in the Edinburgh 
Review in the year 1809. This essay was sufficiently at- 
tractive to have been translated into all the languages of 
Europe. After Mr. Walsh returned to the United States, 
he published another work early in 1812, entitled "A Let- 
" ter on the Genius and Dispositions of the French Govern- 



332 FAMILIAR LETTERS 

" ment, including a View of the Taxation of the French 
" Empire." 

This production was also translated into all the languages 
of Europe. Several editions of both works were published 
in the United States. Before these labors of Mr. Walsh 
were thus published, and made known, there was an unde- 
fined terror of French power, which made a war with Eng- 
land exceedingly dreaded, because an inevitable consequence 
was held to be, an alliance with France. When the pages 
of Mr. Walsh had been read, contrary to the common maxim 
that undefined apprehension is more terrific than the reality, 
it was made clear to every thoughtful mind, that nothing 
which had been imagined o( the fraud a.m\ force of France, 
had come even near to the truth. An edition of Mr! Walsh's 
exposition of France was published by subscription in Mas- 
sachusetts, to be circidated gratis, so that the people might 
judge of the sort of dominion under which they were sure to 
come, in the event of a war with England. 

Mr. John Howard, son of Governor Howard, of Maryland, 
also published a work on French conscription. Now to 
show, what Mr. Madison, as President, and Mr. Monroe, 
his Secretary, really intended, and desired to impose on 
their fellow-citizens, in the form of military conscription for 
the conquest of Canada, extracts have been made from the 
works before mentioned, and placed in the Appendix. But 
then it should be remembered, not only that the free citizens 
of America were to endure all the miseries to which French 
population were subjected, but also, that the proposed system 
here, was most obviously a mere tyranny, and amounted to 
an absolute repeal of all constitutional security. 

Wlienever the measures of government are such as to 
come home to daily bread, and io personal liberty, Americans 
will stop to inquire, and will not be contented with any 
thing short of the truth. This odious conscription-was tho- 
roughly understood. If it had assumed the form of law, and 



ON PUBLIC CHARACTERS. 333 

if it had been attempted to enforce that law, no doubt the 

citizens would have armed, and might have marched ; but 
not, it is believed, to Canada. 



LETTER LXVI. 

January 19, 1834. 

In the summer of the year 1814, the enemy had taken 
possession of so much of the state of Maine, as extends from 
the British Provinces to the Penobscot; and had absolute 
command in all the neighboring waters. The head-quar- 
ters of the enemy were at Castine ; and one frigate ventured 
to ascend quite up to Bangor. It is believed that there was 
not a single soldier in the service of the United States, any 
where within the limits of New England, unless towards the 
northern frontier. It was rumored, and believed, that a 
British force was about to embark in England, and Ireland, 
under the command of General Hill, for the special purpose 
of invading New England. The troops, thus expected, had 
been in the battles of Europe, and were likely to be very 
unwelcome visiters. 

Governor Strong was advised, by his Council, to call the 
legislature together, and to lay before them the state of the 
country. The leading men who were to be present in the 
legislature, and others, whose judgment was respected, fre- 
quently compared opinions on the deplorable condition to 
which the country was reduced, and on the possible means 
of resisting invasion, and securing themselves, their families, 
and fellow-citizens, from the evils which were impending. 

Utterly abandoned as New England was by the national 
government, there was no alternative but to use its own 
means of protection. The general sentiment was, that the 
New England states must combine to save themselves, by 



334 FAMILIAR LETTERS 

their own force and resources, from becoming a conquered 
country. The terror of the conscription system on the one 
side, and tlie terror of invasion on the other, had produced 
a popular excitement, which made it inevitable, that some- 
thing must be done under State aiit/iorifi/, to prevent evils, 
the consequences of which could be more easily dreaded, 
than remedied when present. 

Under such circumstances, the legislature assembled. 
After the most serious deliberation, it was resolved, that as the 
perils to which Massachusetts was subjected, were common 
to all the New England maritime states, that a common 
cause should be made among them all ; and that to effect 
this object, delegates should be invited to assemble at Hart- 
ford on the 15th day of December following ; and that 
report should be made to the legislatures of their respective 
states. 

The members of this convention, as stated by Mr. Dwight, 
in page 351 of his work, were these : From MassacTiu- 
sctts, George Cabot, Nathan D;ine, William Prescott, Har- 
rison Gray Otis, Timothy Bigelow, Joshua Thomas, Samuel 
Sumner Wilde, Joseph Lyman, George Bliss, Stephen 
Longfellow, jr., Daniel Waldo, and Hodijah Baylies. From 
Connecticut, Chauncey Goodrich, John Trcadwcll, James 
Hillhouse, Zophaniah Swift, Nathaniel Smith, Calvin God- 
dard, and Roger Minot Sherman. From Rhode Island, 
Daniel Lyman, Samuel Ward, Edward Manton, and Benja- 
min ILazard. From Nciv Hamphire, Benjamin W^est, and 
Mills Olcott. From Vermont, William Hall, jr. The three 
last members were chosen by local conventions, and not by 
legislative authority. 

[The appearance of Mr. Theodore Dwight's History of 
the Hartford Convention, has diminished the number of 
pages originally intended for this volume. Some materials 
which would have been used, have been so much better used 
by him, than they could have been on this occasion, that 



ON PUBLIC CHARACTERS. 335 

whoever desires the most accurate information on the train 
of events which led to the necessity of a convention, will be 
sure to find it in Mr. Dwight's volume. Some reference 
must be made to the same events, to connect the general 
course of things, but in a very brief manner.] 

The History of the Hartford Convention, published by 
Theodore Dvvighl, is a triumphant vindication of the con- 
duct and character of the opposition in New England. 
Every position assumed by this writer, in relation to the 
ruinous party measures of the administration, is proved by 
documents proceeding from that administration. Every po- 
sition assumed in relation to the patriotism of the members 
of this opposition, to their fidelity to the constitution, and 
attachment to the Union, is proved by documents which no 
perversion of party zeal, no effort at popular delusion, can 
ever discredit. All his positions are sustained by a clear 
and cogent course of argument, which, while it confers a 
lasting honor on the writer, will carry conviction to all 
honest and impartial minds, in generations to come. This 
writer is also sustained by the character, the conduct, and 
the lives of the men who constituted the leaders of opposition, 
and who gave to all opposition its tone. 

To those who read and think, to all who sincerely support 
pure republican government ; to all who believe, that such 
government can be secured only by a just and faithful exer- 
cise of state and national authority, Mr. Dwight's volume is 
earnestly recommended. 

The positions which Mr. Dwight has assumed, and 
proved to all men, who can divest themselves of party pre- 
judice, are the following : 

First. From the time of Mr. Jefferson's first appearance 
in the national government until he left it, he was disposed 
to favor France, and to prostrate England ; and that he 
used all the powers confided to him to these ends, however 
sincere and honest he may have been in the prosecution of 
such policy. 



336 FAMILIAR LETTERS 

Secondly. That Mr. Madison was not only his successor, 
but the faithful promoter of the same policy, and from the 
same motives. 

Thirdly. That Mr. Madison fostered all the causes of 
hostility which existed between the United States and Eng- 
land ; while he either overlooked, or tolerated, far greater 
aggressions on the part of France, than England ever com- 
mitted, in retaliation of French measures. 

JFourthly. That Mr. Madison, in his first presidential 
term, recommended a declaration of war against England, 
either because he approved of that measure himself; or 
because he was assured, that if he did not recommend it, 
he could not be elected a second time. 

Fifthly. That the real causes of the war, were the 
motives before stated, while the ostensible causes of the war, 
were the orders in council, and the impressment of seamen. 

Sixthly. That the time chosen for this declaration, was 
one, in which the great cities of the Atlantic shore were not 
provided with defence ; when there was no source of revenue 
but commerce, which war would annihilate; when there 
was a maritime force too small to deserve that name, com- 
pared with the like force of the enemy ; and when there 
were no land forces, but such as could be had from the 
militia, and from hurried enlistment. 

Seventhly. That the time chosen for this declaration, 
was that, when Napoleon was on the march to subdue the 
only power on the continent of Europe, which had resisted 
his measures for the subjugation of England ; and who 
moved with a force so commanding, as seemed to bid de- 
fiance to the fortunes of war, and the reverses of unforeseen 
events. 

Eighthly. That the first efibrt in the prosecution of this 
offensive war, was an unconstitutional demand on the gover- 
nors of Massachusetts and Connecticut, for bodies of militia, 
not to repel invasion, but to make a conquest. 



ON PUBLIC CHARACTERS. 337 

Ninthly. That the territory intended to be conquered 
was the Canadas ; that this measure was persevered in 
throughout the war ; that the sea-coast was left defenceless 
by the administration, and that these causes led to a defen- 
sive war, in which a portion of our own territory was con- 
quered. 

Tentldy. That the administration became destitute of 
resources ; was compelled to resort to oppressive taxation ; 
to issue paper money which depreciated twenty per cent. ; 
and that its credit was too much impaired, to have carried 
on, even a defensive war, if the New England states had not 
interposed their credit, and physical force, under their own 
authority, to defend themselves and their own homes. 

Eleventhly. That the war assumed a vindictive and fe- 
rocious character ; and that the only alternative which the 
government could discern was, to propose conscription 

and IMPRESSMENT. 

Tioelfthly. That in this extremity of distress, three of 
the New England states, by the act of their legislatures, 
ordered a convention of delegates, — for what ? Not to dis- 
solve the Union, not to oppose the administration, but to be 
permitted to employ, under the sanction of the United States, 
their own credit, and their own physical force, in defence of 
their own territory, property, and fire-sides ; duties which con- 
stitutionally belonged to the national government, but which 
that government had first neglected, and then became unable 
to perform. 

Lastly. This convention, smarting under the perversion 
of constitutional power, properly took that occasion to pro- 
pose some amendments of the constitution, and among 
others, such as might prevent the recurrence of commercial 
restrictions, and the presence of desolating war, by the vote 
of a bare majority in the two branches of Congress ; and 
the assent of one man exercising executive power. 



29 



338 FAMILIAR LETTERS 



LETTER LXVII. 

January 24, 1834, 

The Hartford Convention was a rich and inexhaustible 
fund of abuse, and crimination, for many years. Those 
persons who knew the least of the causes which led to it, 
and nothing of the motives of those who were its members, 
were the most busy, and the most malignant calumniators. 
It is now mere matter of history. Its members, and their 
associates, are, mostly, beyond the hearing of earthly cen- 
sure, or praise ; and those who survive have nothing to hope, 
or to fear, from their fellow-citizens, connected with this 
subject. But they have, themselves, some interest in that 
impartial judgment of posterity, which Mr. Jefferson has 
taken such unfortunate measures to prepare himself for. 

Perhaps such of that posterity as care to know any thing 
of gone by events, and persons, will review the first twelve 
years, and the next sixteen years, of the national administra- 
tion. Perhaps some of their number will read Mr. Dwight's 
book. Perhaps they will know the real, and hopeless dis- 
tress, to which Mr. Madison had reduced New England. 
Perhaps they will discern the true political character of those 
who made the war, and of those who proposed, held, or ap- 
proved of, the convention. History is said to belittle declar- 
ative of real motives — and that those of one generation 
cannot be well instructed in facts, as they occurred among 
former ones. /But if history does not make extraordinary 
blunders, on this subject, it may perhaps be received as truth, 
that if the Hartford Convention had not been held, the Union, 
instead of having come nigh to dissolution, by that measure, 
ivas preserved by it. It may also be believed, that if that 
spirit, out of which the convention arose, had not been 
manifested, this country would, in Mr. Madisori's time, have 



ON PUBLIC CHARACTERS. 339 

submitted to a despotism, which it could not have shaken off 
but " through blood and slaughter," as Mr. Jefferson says, 
in recovering not " long lost," but very lately lost "liberty." 

It is to be hoped, that these historical students will know, 
that the alleged causes of the war were the orders in coun- 
cil, and impressment ; that the former were in fact repealed 
six days after the declaration of war ; that Mr. Madison 
refused an armistice proposed by Admiral Berkeley, after he 
knew of the repeal ; that he carried on a war, much more 
against his own country, in effect, than against the enemy, 
for two years, to maintain the principle of protecting all who 
sail under the American merchant flag; a principle which 
he well knew England woidd concede, as soon as Mr. 
Jefferson could leave his " clover fields " to have the pleas- 
ure of dining with Mons. Le General Pichegru in London, 
(see his 3d vol. p. 314) and not a moment sooner. 

It will not be overlooked either, that the diplomatic in- 
structions to the peace-makers, gradually declined from a 
high tone of demand, to the simple command — Make peace, 
at all events. Peace was made ; and nothing else was made, 
during the two years that preceded it, but distress, calamity, 
and debt, excepting that there was proof enough made, that 
Americans can fight, when they are properly called on to 
engage in that business. The matter of English impress- 
ment remains just where it was, when the national govern- 
ment was instituted, excepting only, that it may be somewhat 
the worse for the war. 

Such is the power which parti/ can hold, even over such 
a mind as that of Mr. Madison. The concerns of this world 
are too insignificant, in the view of any rational man, to be 
intentionally misrepresented, when all his connexion with 
them is soon to end. If any injustice has been done to 
Mr. Madison, in these remarks, it is not intended. He was 
Mr. Jefferson's friend and associate, in their joint views of 
federalism. If, in defending the fame of men as honest, 



340 FAMILIAR LETTERS 

as wise, and patriotic, as either Mr. Madison, or Mr. Jefier- 
son, will hereafter be considered to have been, some pain- 
ful truths must be asserted, it is the necessity of the case, 
and not the gratification of any unworthy feeling, that calls 
for them. The people of this country are deeply interested 
to know, what sort of public agents and servants, in high 
places, they have had, that they may make their own com- 
parisons, and judge correctly of present, and of future ones, 
as they successively arise. 



LETTER LXVIII. 

January 27, 1834. 

The convention was in session from the 15th of Decem- 
ber, 1814, to the 5th of January following. It sat with 
closed doors, and no information was given, by any of its 
members, while sitting, of the measures which were dis- 
cussed. This secrecy was construed to mean, most treason- 
able designs, and all the friends of the administration were 
industrious to have the matter so understood. To the 
opponents of the administration, Avho knew the men there 
assembled, and knew also, that they could listen to no 
counsels, nor propose, nor adopt, any measures inconsistent 
with duty, self-respect, and sober wisdom, the secrecy was 
in no wise alarming, but on the contrary, satisfying, and 
consolatory. 

The only measure which the legislatures of Massachusetts 
and Connecticut thought it necessary immediately to adopt, 
on receiving the report of the convention, was to send com- 
missioners to Washington. Harrison G. Otis, Thomas H. 
Perkins, and William Sullivan, were sent from Massachu- 
setts ; Nathaniel Terry and Calvin Goddard, from Connecti- 
cut. The nature of their duties, and, in effect, the whole 



ON PUBLIC CHARACTERS. 341 

mischief of the Hartford Convention, may be truly under- 
stood by this extract from the commission : 

" To make earnest and respectful application to the gov- 
" ernment of the United States, requesting their consent to 
" some arrangement whereby the state of Massachusetts, 
" separately, or in concert with neighboring states, may be 
" enabled to assume the defence of their territories against 
" the enemy ; and that to this end, a reasonable portion of 
" the taxes collected within said states, may be paid into the 
" respective treasuries thereof, and appropriated to the pay- 
" ment of the balance due to the said states, and to the 
" future defence of the same ; the amount so paid into the 
" treasuries to be credited, and the disbursements so made 
" to be charged to the United States." The commissioners 
were further required, "To consult with, and to solicit the 
" assistance and cooperation of the senators and represen- 
" tatives of this commonwealth in the Congress of the United 
" States." 

This commission was dated the 31st of January, 1815. 
The commissioners had just arrived at Washington about the 
middle of February, when the news of peace was received 
at that place. The joy was universal, and unalloyed ; and 
if greater among any one class than another, it was so 
among administration men, who saw before them not only 
peace, but the prospect of retaining their power. 

In proof of the propriety of the measures adopted by New 
England, and of the desperate condition in which the ad- 
ministration found itself, it should be added, that a bill had 
been introduced, at the session of the existing Congress, to 
authorize the several states to take measures to defend 
themselves. This was the principal object of the Hartford 
Convention. As the conscription had been defeated, there 
is little doubt that such authority would have been given to 
the states, if the war had continued. 

So general and heartfelt was the joy at being at peace 
29* 



342 



FAMILIAR LETTERS 



again, that celebrations were had in all the cities, in which 
both sexes, all ages, and all parties united, with the strongest 
enthusiasm. There were splendid processions, bonfires, and 
illuminations, as though the independence of the country had 
been a second time achieved. 

There was many a smile of contempt, but no expres- 
sion of indignation, at Mr. Madison's self-congratulatory 
address to Congress, announcing the treaty of peace and 
amity, concluded at Ghent on the 24th of December, 1814, 
by Albert Gallatin, James A. Bayard, John Q. Adams, 
Henry Clay, and Jonathan Russell, on the part of the United 
Slates, and Lord Gambier, Henry Gouldburn, and William 
Adams, on the part of England. 

On this occasion Mr. Madison said, among other things, 
" I lay before Congress the treaty, &c. ; while performing 
" this act, I congratulate you, and our constituents, upon an 
" event, which is highly honorable to the nation, and ter- 
" minates, with peculiar felicity, a campaign, signalized with 
" the most brilliant successes. 

" The late war, although reluctantly declared by Con- 
" gress, had become a necessary resort, to assert the rights 
" and independence of the nation. It has been waged with 
" a success, which is the natural result of the wisdom of the 
" legislative councils, of the patriotism of the people, of the 
" public spirit of the militia, and of the valor of the military 
*' and naval forces of the country. Peace, at all times a 
" blessing, is peculiarly welcome, therefore, at a period 
'* when the causes of the tear have ceased to operate, when 
" the government has demonstrated the efficiency of its 
" powers of -X/^^J^i^ENCE, and when the nation can review 
" its conduct withmt regret, and ivithout reproach." 

There are certain phrases which become fashionable for 
a time, and are only laid aside when they become too com- 
mon to show the superior attaiimients of those who use them. 
One of the latest is " moral courage." If there be any 



ON PUBLIC CHARACTERS. 



343 



meaning to this, it may be said that it required no small 
share of 7noral courage in Mr. Madison, to send such a mes- 
sage to Congress. Suppose that Mr. Madison had been 
suddenly divested of all party delusions, self-deception, and 
of that second nature which hacknied politicians acquire, 
(unconsciously to themselves,) of putting one thing for 
another ; and suppose that Mr. Madison had addressed 
Congress in truth and sincerity, and had given a fair and 
honest account of the state of the country, and of the train 
of events which led to the war ; what would that account 
haxie been ? Very possibly something like this : 

' We have come, gentlemen, to a remarkable and unex- 
' pected position in our national affairs. I shall not use 
' long, involved, and unintelligible sentences, nor any am- 
' biguous phraseology, on this occasion ; but simple terms, 
' to tell plain truths. 

' I came into the measure of a national confederacy, un- 
' der a sense of patriotic duty; and cordially joined Jay and 
' Hamilton, in recommending its adoption, and was, in truth 
' and sincerity a federalist. I had long been acquainted 
' with my illustrious predecessor, Thomas Jefferson. He 
' wrote to me frequently, and familiarly, when he was in 
' France. He joined Washington's administration, as you 
' know, on the 22d of March, 1790 ; and I being then in 
' Congress, our personal intercourse became very close, and 

* intimate. He changed my views essentially on our national 
' condition. He convinced me that the American people 
' had been deceived in adopting the " lilliputian ties" which 
' I had labored to make acceptable ; and that we had igno- 
' rantly saddled upon them, the forms of the British govern- 
' mcnt. He proved to me, that under the wicked ministry 

* of Washington, Adams, King, Jay, Hamilton, Knox, Izard, 
' Strong, Cabot, Ames, and others, our constitution " was 
' fast galloping into monarchy ; " * and that under the dan- 

* See ante, page 1U4. 



344 FAMILIAR LETTERS 

' gerous dominion of these " anglomen," the country could 
' not be rescued from slavery, but by making Washington's 
' administration odious to the people ; and by withdrawing 
' their support from these " monarchists and traitors." 
' Thougli I doubted at first, I was not long in coming to the 
'conclusion, that my friend* was entirely right; and I 
' thenceforward devoted myself to the salvation of our be- 

* loved country. I exerted myself, to the utmost, in the 
'House of Representalives ; while Jefferson used his pen, 
' his personal influence, and the press, with eminent ability 
' and success.! 

' It was obvious to us, that our means were to avad our- 
' selves of the just, and inveterate hatred, generally enter- 
' tained against Great Britain ; and of the devoted gratitude 
' of the whole country, to France, then in the process of re- 
' publican regeneration. It was equally obvious, that royal, 
' tyrannical England, and liberal, popular, and enlightened 
' France, must be deadly and irreconcilable enemies. Our 

* course was plain. We had only to identify these " traitor- 
' ous anglomen " with England, to make them hated and 
' detested by France, and odious to all the friends of France, 
' in the United States. 

' It is known to every observer, that there is a fellow-feel- 
' ing and natural sympathy among men, who have a common 
' object. They understand each other without using the 
' common signs of thought. Like lovers, their meaning is 

* implied. Our views, and those of republican France, were 

* The true meaning o? fricndshij) , is declared by Jefferson, vol. iv. 
p. 176. Et idem velle, atquc idem nolle, ea demum, amicitia est. 

t " The war, ad inter nacioncm, which we have waged against fed- 
eralism, has filled our latter times with strife, and unhappiness. We 
have met it, with pain indeed, but witii firmness, because we be- 
lieved it the last convulsive effort of that Hydra, which in earlier 
times, wo had conquered in the field." (Jefferson to Dr. Logan, 
May llth, 1H05, vol. iv. p. 35.) 



ON PUBLIC CHARACTERS. 345 

not interchanged through words. It is a federal lie, that 
there was an express understanding between us and the 
Directory, and between us and the " Republican Em- 
peror."* Besides, there were very sensible men in this 
country, whose business it was to understand us, without 
any formal committal. Genet, Fauchet, Adet, Turreau, 
Volney, and others, were all sensible, adroit men. They 
knew how to touch the sensibilities of our countrymen ; 
and also the proper use of the patriotic societies which 
were formed here on the true French model, and which 
Washington and Adams were indiscreet enough to de- 
nounce. 

' It was plain to Mr. Jefferson and myself, that if we 
could get the exclusive control of the executive power, we 
should have a much better chance of saving our country 
from "British influence," and from the plots of monarch- 
ists and anglomen. But Mr. Jefferson, as you know, had 
a strong philosophical bias, which disposed him to retire- 
ment, and I was much inclined to retirement myself. We 
did retire. But neither of us could bear to see our beloved 
country hurrying on to destruction. We yielded to repub- 
lican duty, and sacrificed the dearest wishes of our hearts, 
and reappearfed on the political stage. I went again to 
Congress ; and he did violence to his feelings in accepting 
the Vice Presidency, under that avowed monarchist, John 
Adams. Happy was it for his country that he made this 
sacrifice. He was thereby placed in a commanding po- 
sition, which enabled him to perform the greatest political 
and patriotic service of his whole life.t 



* A republican emperor, /ro7rt Ids affection to republics, independent 
of motives of expediency, must grant to us the Cyclops' boon of 
being the last devoured. (Jefferson to Langdon, March 5th, 1810, 
vol. iv. p. 145.) 

t Ante, page 273. 



346 FAMILIAR LETTERS 

' It was indispensable that he should move up a step. 
' Proper measures, with help of our French, and other 
' friends, were taken to this end. Freneau, Bache, Duane, 
' Paine, Callcnder, and others, should be remembered with 
' " national gratitude."* Adet made a very touching appeal 
' to the people. We were in some peril of being distanced 
' in February, 1801, by the daring usurpation of Burr's 
' friends, or rather by the implacable enmity, and wicked 
' machinations of Jefferson's opponents. Happily these 
' traitorous combinations were defeated, and we had the in- 
' expressible delight of seeing Jefferson where he could ren- 
' der the greatest service. Including his four years of Vice 
' Presidency, his eight, and my eight, years of Presidency, 
' he and I shall have ruled twenty years out of the twenty- 
' eight since the foundation of the government. I make no 
' account of the three years, nine months, and nine days, 

* in the first eight years, when Mr. Jefferson was Secretary 
' of State, because he was then embarrassed by the presence 
' of Washington, who still had a hold on " nine tenths of the 

* United States."! He could only work in secret at that 

* time, and was compelled to contradict, to some extent, by 
' his official acts, what he did as a private patriot. That 
' impatient Genet, was, you know, unguarded enough to 
' complain of this. Genet was not always discreet, it must 
' be allowed. 

' Gentlemen, I confidently appeal to you, whether, in 
' these twenty years, we lost a single opportunity to justify 
' and strengthen France, whether republican or imperial ; 
' or failed, in any instance, to do our very best to prostrate 
' England. Nay more, when and where can either of us be 
' charged with the crime of ceasing, for a moment, either 
' by the press, by messages, | by popular commotions, § and 



* Ante, 77-81 and 131. t Ante, page 145. 

t Ante, page 290. § Ante, page 323. 



ON PUBLIC CHARACTERS. 347 

by all other possible means, to expose, make odious, and to 
annihilate, those detestable enemies of our country, mon- 
archists, anglomen, and traitors ! Have we not employed 
"men of science" to keep the press groaning in parturi- 
tion of their products ? Have we not taken millions from 
the " month of labor " to enrich Napoleon ? Have we not 
veiled all his righteous measures against England, when 
they bore hard on our country ? Have we at any time 
failed to set forth the abominable aggressions and insults 
of England, so as to touch, to the very marrow, the sensi- 
bilities of our own countrymen, and prepare them for war? 
This, gentlemen, you know, has been our consistent, our 
unvarying, our patriotic policy ; policy never departed 
from, for a moment, even under trying discouragements, 
for twenty years. Your own discernment would be im- 
peached if I should spend a moment in attempting to prove 
to you, that without the last of these measures of genuine 
patriotic policy, war ; undertaken at the most favorable 
juncture, in real alliance with our friend. Napoleon, (ymwrf, 
I say, because nolle et velle idem, is friendship, according 
to the illustrious Jefferson,) there could not be even a hope 
of erasing England from the list of nations ; no chance, 
even, of silencing " the federal bull-dogs "* at home ; nor 
of preventing the deplorable catastrophe of changing our 
"lilliputian ties" for a monarchy. 

' After spending some years in adroit negotiations with 
England, in which we deserve great credit for putting her 
in the wrong, on all occasions, we were a little discon- 
certed by the treaty which Pinckney and Monroe were be- 
guiled into ; but this was easily gotten rid of by Jeffer- 
son's " moral courage." t The negotiations were con- 

* Ante, page 194. 

t Jefferson to Monroe, March 10, 1808, vol. iv. p. 107. " You 
complain of the manner in which the treaty was received. Two of 
the Senators inquired of me, whether it was my intention to detain 
them on the account of the treaty. I answered, it was not ; and 
that I should not give them the trouble of deliberating on it." 



848 FAMILIAR LETTEns 

* tinued in the same spirit a few years longer, awaiting, 
' always, the favorable moment for announcing war. Mean- 
' while we did what we could under the name of " restrictive 
' energies," (an appropriate and beautiful phrase invented 

* by Mr. Jefferson,) all of which was borne with admirable 

* constancy by the people, except in that section which has 
' always been " the hot-bed of monarchy, and anglomen."* 

* Our sighs, tears, and chivalry, about ships and sailors, had 

* a fine effect every where, but among sliip-owncrs and 

* sailors tliemselves.t 

* The favorable moment came. Napoleon went forth in 
' ail his glory to reduce Alexander to the continental system. 
' Certainly, gentlemen, there was, then, the fairest prospect 
' of accomplishing our patriotic labors. The continental 
' system enforced throughout Europe, the life-blood of Eng- 
' land would soon have dried up ; and her subjects, in a dis- 

* Jefferson to Levi Lincoln, March 23, 1808. " The embargo ap- 
pears to be approved, even by the federalists, in every quarter ex- 
cept yours." " It is the last card we have to play, short of war." 

t " And what is to be our security, that when embarked for her 
(England) in the war, she will not make a separate peace and leave 
us in the lurch ? Iler good faith ! The faith of a nation of mer- 
chants ! The Punica fides of modern Carthage ! " (Jefferson to 
Governor John Langdon, [who was himself a merchant,] vol. iv. 
p. 146.) 

"And have our commercial citizens merited, from their country, 
the encountering another war to protect their g'ttmi/in^ enterprises." 
(Jefferson to John Adams, June 10, 1815, vol. iv. p. 262.) 

" The proportion which the aggregate of other classes of citizens 
bears, in any state, to that of its husbandmen, is the proportion of 
its unsound to its liealthy parts; and is a good enough barometer, 
whereby to measure its degree of corruption." 

" The mobs of great cities, add just so much to the support of pure 
government, as soies do, to the strength of the human body." (Jef- 
ferson's Notes on Virginia, p. 240, 241.) 

" Our commercial dashers, then, liave already cost us so many 
thousand lives, so many millions of dollars, more than their persons 
and all their commerce were worth." (Jefferson to W. H. Craw- 
ford, June 20, 1816, vol. iv. p. 284.) 



ON PUBLIC CHARACTERS. 349 

' tracted and rebellious state, would have made her " but a 

* breakfast for Napoleon."* 

' Complete success was so certain, that little or no prepar- 
' ation seemed necessary, and we bolted at once, from a 

* state of profound peace, into the real action of war. In 
' assuming this attitude, we felt assured of doing two things : 
' First. The despoiling of England of all her neighboring 
' provinces, while she was straining every nerve to keep 
' alive at home. Secondly. By the help of the press, and 
' of domestic terror (to which a state of war is favorable) we 

* could silence, if we could not extirpate, the enemies of our 
' country at home. These, gentlemen, were patriotic, great, 
' glorious designs, and certainly deserved a far better fate 

* than they met with.t 

' Most unhappily, neither the Russians, nor the Canadians, 
' were willing to give up their respective territories. Napo- 
' leon got to Moscow ; we did not get to Quebec, nor to 
' Montreal. Our august ally had some hard fighting to do^ 
' and so had we. He met with sudden and unexpected 
' disasters, and so did we. The most cruel blow, to our 
'long cherished hopes, was, the abominable perfidy of the 
' Russians in burning the spacious and convenient winter 
' quarters of the French ; and. Vandals as they were, even 
' setting fire to the Kremlin itself, in which Napoleon had 

* disposed of himself, to enjoy, with imperial pomp, the 

* Mr. Jefferson says, in a letter to Leiper, vol. iv. p. 233, January 
1, 1814 ; " That no one would wish to see Russia conquered, ' that 
done, England would be but a breakfast.' " And yet who can doubt 
that the war was undertaken to promote that very object ? 

t " My friendship for Mr. Madison, my confidence in his windom 
and virtue, and ray approliatiun of all his measures, and especially oi' 
his taking up, at length, the gauntlet against England, is known to 
all with whom I have ever conversed or corresponded on these 
measures. The word federal, or its synonyme lie, may, therefore, be 
written under every word of Mr. Ralph's paragraph." (Jefferson to 
Leiper, June 12, 1815, vol. iv. p. 2G5.) 
30 



350 FAMILIAR LETTERS 

charms of a Russian winter, enlivened with the sudden im- 
portation thither, of the elegancies and fascinations of luxu- 
rious Paris. It was in full keeping with the rude and bar- 
barous character of the North, to turn Napoleon out, 
regardless of his sacred "republican" person, and of his 
devotion to liberty, and of his love of the human race; and 
force him to retreat, a long distance, through a desolate 
and desert region, in biting cold ; and utterly irreconcilable 
with any received notions of generous warefare, to follow 
him hard and close with merciless Cossacks. 

' He might have recovered himself from this humiliating 
discomfiture ; but his false and hollow-hearted allies, taking 
advantage of his distresses, rose upon him, and pursued 
him all the way to France. In short, gentlemen, not to 
detain you with painful details, Napoleon is at Elba ! Louis 
XVIII. is king of the French ! England is still the proud 
mistress of the seas ! The anglomen and monarchists 
smile at our bad luck, and affect to rejoice that 'twas no 
worse ! and impudently add, " I told you so ! " 

' It would not have become us, gentlemen, to have shown 
that these changes in Europe had changed our purposes. 
We resolved on continuing the war. We rejected all 
armistices. We could not dissemble that we feared the 
long-drilled soldiery of England, released from European 
conflicts, would soon be upon our own shores. They 
came, and occupied the margin of our extensive frontiers, 
at various points. They even dared to penetrate to this 
sacred city. You see around you, the black and still 
smoking ruins which a vandalism, suited equally to the 
dark ages, and to British malice, could alone have left as 
marks of warfare. But this is not the worst of the matter ; 
so sudden and wholly unexpected was this barbarian as- 
sault, that my secretary, John Armstrong, (though an old 
revolutionary officer,) never so much as dreamed of it ; and 
the whole cabinet were compelled to take to the saddle. 



ON PUBLIC CHARACTERS. 351 

* I ever had the highest reverence for all Jefferson's ex- 

* amples, but this was one in which I had no ambition to 
' imitate him. 

' We fondly believed, that the barbarous manner in which 
' the British conducted the war, while we adhered, with un- 

* abating pertinacity, to all the chivalry and delicacy of 

* modern usages, would have roused the whole country, and 

* even anglomen, (from mere shame, if from nothing else,) 
' to join heartily in the conflict. Most unhappily, this did 

* not prove to be so. They would do nothing but defend 
' themselves, their wives and children, their altars and fire- 

* sides, against, what they still dared, most insolently, to 

* call an unnecessary and ruinous war. They would neither 
' lend us money on the faith of the United States, to carry 

* on the war, nor consent to be silenced, nor torn in pieces 
' by mobs. They even pretended that they had the right of 

* citizens; that it was lawful for them to have, and to express 
' opinions, on the measures of an administration duly consti- 
' tuted by " the people." 

' Still, gentlemen, we persevered in this righteous war- 
' fare, amidst all discouragements, and bereft, as we were, 
' of all aid from our fallen and lamented ally. We found 
' that "privateering" did far less than we expected from it.* 
'Our navy could not be increased. My illustrious prede- 

* See Randolph's remarks on " the gentleman from Massachu- 
setts," ante, page 315. 

Jefferson writes to Monroe, January 1, 1815, vol. iv. p. 245 : " But 
however these two difficulties of men and money may be disposed of, 
ii is fortunate that neither of them will affect our war by sea. Pri- 
vateers will find their own men, and money. Let nothing be spared 
to encourage them. They are the dagger which strikes at the heart 
of the enemy, their commerce. Frigates and seventy-fours, are a 
sacrifice we must make, heavy as it is, to the prejudices of a part of 
our citizens. They have, indeed, rendered a great moral service, 
which has delighted me as much as any one in the United States. 
But they have had no physical effect, sensible to the enemy ; and 
now, while we must fortify them, in our harbors, and keep armies to 



352 



FAMILIAR LETTERS 



' cesser's gun-boats, were of no use. Enlistments to go to 
' Canada, were slow and reluctant. We tortured tlie science 
'of taxation for supplies; we beat the federalists all hollow 
' in this. We were so resolutely bent on vanquishing our 
' enemies, at home and abroad, that we carefully copied, 
' (that is, James Monroe and I did,) our friend Napoleon's 
' plans of bringing out the physical force. We proposed to 
' Congress to seize on the persons of our fellow-citizens, 
' and to make patriots of them, whether they would or not, 
' by converting them into sailors and soldiers. This measure, 
' owing to some ill-timed constitutional scruples of Congress, 
' proved entirely abortive. We had thus exhausted the na- 
' tional credit ; and had come fairly to the end of all our 
' resources. There was nothing left to us but to make peace. 
' Thus, gentlemen, all our fond expectations, like Creusa's 
' ghost, vanished into thin air.* 

' It is true, gentlemen, that in the treaty of peace, which 
' I now lay before you, you will not find the points of con- 
' troversy for which the war was avowedly waged, to have 
' been settled ; nor will you find any one of them, even so 
' much as mentioned therein. But this is of no consequence. 
' The present, and probable state of France, allows us no 
* hope, that we can ever again make use of that country, to 
' further our patriotic designs. It was best to keep all those 
' matters open for future occasions. Besides, we know, from 
' the dispositions heretofore expressed by the British minis- 
' try, that all the controverted points can be settled by peace- 

def end them, oxxr privateers are bearding and blockading the enerny 
in their own seaports. [Who but Thomas Jefferson knew this fact ?] 
Encourage them to hum all their prizes, and let tlie public pay for 
them. They will cheat us enormously. No matter ; they will make 
the merchants of England feci, and squeal, and cry out for peace." 

[n=This is the tcise and moral Mr. Jefferson ! None but pirates 
burn ships at sea. 

* Ter frustra comprensa manus offugit imago, 

Par levibus vcntis, volucrique similUma somno. 

2d. M. 79S. 



ON PUBLIC CHARACTERS. 353 

' able negotiation, whenever we choose to propose this, on 

* reasonable grounds ; and that they never can be settled by 

* war ; all which we as well knew before we began the war, 

* as we do now. 

' We have some consolations in all this series of mishaps. 
' There has been some very handsome fighting, on the lakes, 
' on the ocean, and on the land. It is not improbable that 

* our political enemies will taunt us with the number of lives 

* foolishly lost, and with the millions foolishly squandered. 
' As to the Jirst, the proper answ'er is, didce ct decorum est 
'pro patria inori ; and never better applied than in an effort 

* to quell monarchists and traitors. As to the srxond, I ad- 

* mit that my illustrious predecessor and myself have cost 

* the American people, in our sixteen years, double the 

* amount which the revolutionary war cost. But it was 

* money well spent. It was to srcure the triumph of our 
'party. We have succeeded nobly. Federalism h dead. 
' You yourselves have heard the popular acclamation, while 
' Jefferson and I have stood in the triumphal car. The 
' money is a trifle to the object gained. These millions, 
' were they twice as many, will soon melt away under my 

* old friend Hamilton's system of revenue, when the in- 
' dustry and commerce of the country are left to their natural 

* action, freed from " restrictive energies." We shall have 
' the opportunity of claiming, for ourselves, the public grati- 
' tude for paying off the national debt ; for the people have 
' not intelligence enough to look back so far as to discern 
' by what means, nor by whose wi.sdom, it is done. 

' Assured, as we may be, that our domestic enemies Avill 
' be too thankful for peace and prosperity, to contrive any 

* new machinations against republican freedom ; or even to 
' persevere in their old ones ; and that they will be too busy, 
' in their own affairs, now that the ocean is again open and 

* free to them, to spend time in slandering us, there remains 

* to us only to proclaim our own, and the nation's glory.' 

30* 



354 FAMILIAR LETTERS 



LETTER LXIX. 

February 2, 1834. 

It is not from any desire to depreciate Mr. Madison's 
fame, that this version is given of his administration. It is 
very possible that injustice is done to him, by imputing 
motives to him which he had not. But he, and all other 
men, who take the trust of public office, are accountable to 
those for whom the trust is undertaken. Grievous and 
insulting as any one might choose to think the conduct of 
England to have been, it did not coll for war. It is a most 
sober, and appalling accountability, in any rulers, to involve 
a whole nation in the calamities of war. There were trying, 
manifold, and dreadful sorrows, and afflictions, in this one. 
In looking back to its causes and purposes, it is impossible 
to absolve those who ordered it, from unworthy motives, or 
from the want of wisdom. No one can doubt, that if the declar- 
ation had been delayed, but a little time, as the federal party 
most earnestly besought it might be, it would not have been 
made. Millions would have been saved to individuals, to 
say nothing of the immense expenditure of public treasure 
and the effusion of blood. The point insisted on is, that 
Mr. Madison was not the President of the United States, 
but the chief of a party. 

r It is very difficult to determine to what extent Mr. Mad- 
ison was honest and sincere, or contriving and disingenuous, 
in his ministry. ^It is very possible he may have thought, in 
all his long and varied connexion with the affairs of his 
country, that he was governed by good motives, and that all 
he did was proper and dutiful. It has been intimated, that 
Mr. Madison was against a declaration of war, and came 
into the measure with great reluctance, or rather that he 
was forced into it. If so, the American people should 



ON PUBLIC CHAHACTERS. 355 

beware of men, who are politicians hy profession ; and 
who must always be party men. The government of such 
rulers has brought the country, repeatedly, to the verge of 
despotism. Even the wisest and the best, should be watch- 
ed with republican jealousy, since it is ever man's tendency 
to misuse power, and to fortify himself by usurpation. 

At the close of the war, there were yet two years remain- 
ing of Mr. Madison's second term. These were honestly, 
and properly devoted, to repairing the wounds inflicted on 
the credit of the country. A national bank was created, 
upon a sound, a rational basis. The irredeemable rags, 
which had passed under the name of money, disappeared. * 
After some time, the banks which had given up dealino- in 
specie (which were all south of New England) resumed the 
payment of it, and the country, by its natural vigor, returned 
again to industry and prosperity, the manifold errors of its 
own government notwithstanding. 

On Mr. Madison's retirement, Mr. Monroe (whose name 
should ever be associated with impressment, and conscrip- 
tion,) was the JefFersonian candidate for President. The 
peace of Europe, our own peace, the return of prosperity, and 
the inexpressible relief from non-intercourse, embargo, and 
war, had made the federalists very indifferent as to Mr. Madi- 
son's successor. They had little to fear from him, and nothing 
to hope. Mr. Monroe met with little opposition at his first 
election, and with one opposing vote, only, at the second. 



* Among the anecdotes of the time was this : A person carried to 
a bank, in Pennsylvania, some bills which that bank had issued, and 
demanded gold and silver for them. He was answered that the 
bank did not pay gold or silver. " Give me then," said he, "bills 
of the United States Bank." " We have none." "Then give me 
bills on any bank in New England." " We have none of these." 
" Pay me, then, in the best counterfeit bills you have." 

(Ex relatione W. D. at L. C.) 



356 FAMILIAR LETTEUS 

He was of course a Jeffersonian President, and adhered to 
his party, in all distributions of favors. He had no oppor- 
tunity to adopt a mischievous policy, nor probably any desire 
to do it. His useful merit consisted in governing but little, 
and in leaving people to manage for themselves : A merit, 
which belonged to neither of his predecessors. 

It is a remarkable fact, that the most peaceable, tranquil, 
and prosperous eight years, which the country has expe- 
rienced since the beginning of this century, was during the 
administration of this gentleman. Whether this arose from 
his positive, or negative qualities, or from tlie fact, that feder- 
alists never make opposition, for opposition's sake, and care 
not who governs, if they are governed well, it is not under- 
taken to decide. 

If Mr. Monroe's talents, and usefulness, are to be meas- 
ured by the number of his elections, and appointments, he 
was, undoubtedly, the greatest man that has ever appeared 
in the United States. There are a sort of middling-men, 
who are not objects of envy, nor are they so inferior as to 
pass unnoticed. They are always re.idy for any office, and 
equally fit for any. Some persons have supposed, that Mr. 
Monroe was at the head of this class. He served, honora- 
bly, some years in the revolutionary war. He seems to have 
been esteemed in his native state. (He was born in Virginia 
in 1758.) He was frequently in the legislature, and governor 
on two different elections ; and member of the old congress. 
He was of the convention in 1787; and senator for some 
years. He was acting secretary at war ; and secretary of 
state. He had four missions to Europe; and divers other 
appointments in the course of his life; and lastly President 
of the United States. 

He was not a mercenary man, for he left public employ- 
ment, with slender means for future subsistence. Congress 
was supposed to have failed in showing proper respect^and 
consideration for a man, who had been so long in public 



ON PUBLIC CHARACTERS. 357 

service ; and who, doubtless, was an honest man, whether 
he was right, or wrong, in his views. He labored a long 
time with congress, after he left the Presidency, to get some 
accounts settled in which he claimed to be a creditor ; but 
without much success. It is probable that the wicked fac- 
tion of fed'oralists would have taken pleasure in seeing Mr. 
Monroe made comfortable, in his declining years, even at 
the public expense. 

Mr. Monroe was nearly six feet in stature, well formed, 
light complexion, blue eyes. His countenance had no indi- 
cations of superior intellect. He was a respectable looking 
man of that order called common. He was a very laborious, 
and industrious man ; and may have compensated in some 
degree, by diligence, for deficiencies in ability. He was 
the third Ex-President who died on the 4th of July. He 
died in New York in 1831, at the age of 73. 

An appeal to those who were men before this century 
began, on the right cind. the wrong of the four first adminis- 
trations, may be of little use. It is to be presumed that their 
opinions are formed, and are not to be changed. An appeal 
to those who were born since this century began, and who 
are now men, may, or may not be, worth making. To that 
posterity, which Mr. Jefferson had in mind, there is no fear 
of appealing. 

This tribunal will recognise some well known principles, 
and among them these : Men must have government; they 
are social and dependent; the condition of any existing 
generation, is a consequence of acts done by former ones; 
and the existing one, jointly with their predecessors, will 
form the condition of future ones. 

Condition, at any time, essentially depends, on the motives 
and acts of those who exercise power, and on the effects 
and consequences of that exercise. On this plain principle, 
posterity is invited to judge oi federalism, and of Jejfcrson- 
ism. They are not to take the ultra excitement of particular 



358 FAMILIAR LETTERS 

members of a party; nor the indiscreet, and intemperate 
ebullitions of party presses ; but they are to take the general 
policy of a party ; they are to consider the motives of the 
whole party, as disclosed in their acts ; the nature and 
tendency of their acts ; and the consequences, and effects, 
produced on those, in whose name, and for whom, these 
acts were done; that is, for the whole nation. 

Posterity will consider the motives and acts of Washing- 
ton, and of Adams; and of their respective associates in 
power. Were these men governed, in all they did, by moral 
and religious accountability? Did they seriously regard 
the solemnities with which they took on themselves the 
duties of office? Were they wise, and faithful? Whether 
they were so or not, must be judged of by the actual con- 
dition of the country, under their exercise of power. They 
were put into office to do good, and not evil, to their constit- 
uents; they undertook to know, what was good, and what 
was evil ; and to secure the one, and to avoid the other. 

Posterity will then consider Thomas Jefferson and James 
Madison, and the motives and acts of these gentlemen, and 
of their associates. How will these, and the former, com- 
pare, as to moral and religious accountability? What were 
the motives of Jefferson and Madison ? Did they consider 
themselves the selected agents of a great republic, having a 
fixed and intelligible constitution, which they had sworn to 
support, and honestly to apply? Or, did they consider 
themselves the mere ehiefs of a party ? 

Then, as to their acts, whatever their motives may have 
been ; what good did Thomas Jefferson do to the people of 
the United States, in all his presidency ? Did he aid their 
industry, ])romote their prosperity, benefit their morals, 
increase their virtues, add to their intelligence, or cultivate 
harmony and kind feelings? What evil did he do? Is 
this country, at this day, the better, or the worse, that 
Thomas Jefferson has lived in it? Can any man tell from 



ON PUBLIC CHARACTERS. 359 

Jefferson's writings, official or individual, or from his acts, 
public or private, by what moral, religious, or political creed 
he was governed? Had he any rational, digested, really 
useful system, adapted to promote human welfare, and hap- 
piness, on any subject ? If he had, posterity are invited to 
look for it, find it, and honor him for it. 

As to James Madison, he is to be known to posterity 
exclusively by his public acts, and, through them, his motives 
are to be judged of. Posterity will ask what good, what 
EVIL, he did to his country. So far as he followed out Mr. 
Jefferson's strange theories, posterity can find a ready an- 
swer. When time, and circumstances, had disentangled 
Mr. Madison from these, that is, in the last two years of his 
public life, there is no fault to find with Mr. Madison ; but 
much to commend, and much to respect It is not among 
the least of his merits, that he knew how a citizen, who had 
been in the office of President, ought to conduct himself, 
after he had retired from it. 

It was a great deduction from the worth of Mr. Madison's 
political life, that he was the friend, the associate, and, 
perhaps, the disciple of Mr. Jefferson. What proportion of 
Mr. Madison's political errors, (if there be any ciiargeable to 
him) ought to be carried to the long column of Mr. Jeffer- 
son's errors, no one but Mr. Madison can tell. Whether he 
may think that he has a " defence " to make, as Mr. Jefferson 
thought he had, remains to be seen. 

The time is not afar off, when the American people will 
rid themselves of Mr. Jefferson's " heresies." They will 
understand his faults, his follies, and pretensions. They 
will estimate the worth of his assertions, made even from 
his own ashes. Self-sculptured, he stands forth, as calum- 
niator, in a bold relief, unknown before of any man. He 
may be likened to the manager of a theatrical company, who 
has played in every variety of comedy and tragedy ; and 
who at the close of the season, and when the curtain has 



360 FAMILIAR LETTERS 

dropped for the last time, re-appears, and invites the whole 
audience to come behind the scenes, to see for themselves 
by what trumpery, they have been beguiled of their money; 
and for what sort of kings, heroes, and patriots, they have 
thundered applause, or shed tears of sympathy. 

Mr. Jefferson's Religion. 

Mr. Jefferson demands the admiration of the world. He 
ranks himself with Washington ; with the benefactors of 
mankind. It is true , that he is not responsible to men, for his 
religious opinions. But if he has taken on himself to disa- 
vow that religion on which believers found their hopes of 
the future ; and which the wise and virtuous regard as the 
very bond of society, and the best security for human happi- 
ness, he has essentially impaired the force of his demand. 
Considering Mr. Jefferson as an individual, it is of no more 
importance to inquire what his religion was, than what his 
friend Thomas Paine's was. But as he is still held up as an 
example, it is proper that a Christian community should 
know, what sort of a Christian he was. The following 
extracts will settle that matter. They might be multiplied, 
but it is painful to transcribe them : 

In a letter to Mr. Adams, January 11th, 1817, (vol.4, 
p. 300,) he says : " The result of your fifty or sixty years 
" of religious reading in the four words, ' be just and good,' 
" is that in which all our inquiries must end ; as the riddles 
" of all the priesthood end in four more ; ' ubi panis, ibi deus.' 
" (My living is my religion.) What all agree in is probably 
"right; what no two agree in is probably wrong. One 
" lately inquired of me, whether he might consider as au- 
" thentic, the change in my religion, much spoken of in 
" some circles. Now this supposed, that they knew what 
" had been my religion before, taking for it, the words of 
" their priests, whom I certainly never made the confidants 
"of my creed. My answer was : " Say nothing of my 



ON PUBLIC CHARACTERS. 361 

*' religion. It is known to God and myself alone. Its evi- 
" dence before the toorld is to be sought in my life ; if that 
" has been honest and dutiful to society, the religion 
" which has regulated it, cannot be a bad one." 

It is with some reluctance that the following extract is 
made from a letter of Jefferson, to William Short, dated 
August 4th, 1820, (vol. iv. p. 327). 

" That Jesus might conscientiously believe himself in- 
" spired from above, is very possible. The whole religion 
" of the Jews, inculcated on him from his infancy, was 
" founded in the belief of divine inspiration. The fumes of 
" the most disordered imaginations were recorded in their 
" religious code, as special communications of the Deity ; 
" and as it could not but happen that, in the course of ages, 
" events would now and then turn up, to which some of 
" these vague rhapsodies might be accommodated by the 
" aid of allegories, figures, types, and other tricks upon 
" words, they have not only preserved their credit with the 
" Jews of all subsequent times, but are the foundation of 
" much of the religions of those, who have schismatized from 
" them. Elevated by the enthusiasm of a warm and pure 
" heart, conscious of the high strains of an eloquence, which 
" had not been taught him, he might readily mistake the 
" coruscations of his own fine genius, for the inspirations 
" of a higher order. This belief carried, therefore, no 
" more personal imputation, than the belief of Socrates, that 
" himself was under the care, and admonitions, of a guardian 
" Demon. And how many of our toisest men still believe in 
" the reality of these inspirations, while perfectly sane on 
" all other subjects. Excusing, therefore, on these consid- 
" erations, those passages in the gospels, which seem to 
" bear marlcs of vjcahncss in Jesus, ascribing to hiru wiiat 
" alone is consistent with the great and pure character 
" of which the same writings furnish proof ; and to their 
" proper authors, their own trivialities, and imbecilities, 
31 



362 FAMILIAR LETTERS 

" I think myself authorized to conclude the purity and 
" distinction of his character, in opposition to the impostuies, 
" which those authors would fix upon him." (Mr. Jefferson 
was about 77, when this letter was written ; and his mind 
seems to have been as sound then as it had ever been.) 



LETTER LXX. 

February 5, 1834. 

There are some thousands of citizens in the United States, 
who have come to manhood since this century began, and 
who sincerely believe, that federalists were an odious 
and wicked faction, deserving the reproach and condemna- 
tion of all good patriots. They have obtained this belief 
from vague and undefined traditions ; or, perhaps, from the 
perusal of such speculations as are found in Mr. Jefferson's 
volumes. The time for the vindication of Federalists may 
not have come. In common with Mr. Jefferson, they may 
confidently submit their case to the judgment of posterity. 
Let that tribunal judge, whether they, or Mr. Jefferson, best 
deserved the respect and gratitude of the country. 

To aid in producing this judgment, will be the purpose 
of the residue of these pages ; and to this end, facts must be 
referred to, which no one, who pretends to know any thing 
of the history of this country, can deny. 

There were intelligent and honest men, who hazarded 
their lives in the field, or councils, or in both, to free this 
country from the monarchy and tyranny of Great Britain. 
A large proportion of these men united to form for the 
people of thirteen free, sovereign, and independent states, 
an elective national republican government. The powers 
of this government were carefully limited and defined ; and 
all powers not expressly, or by necessary implication, dele- 



ON PUBLIC CHARACTERS. 363 

gated, were reserved to the states or to the people. The 
members of the convention, who deliberately framed this 
system of government, with very few exceptions, united 
with other eminent citizens, in recommending it to the 
people of the states. Most of these members were in the 
state conventions, where the constitution was discussed ; and 
by their efforts, in these conventions, and by appealing to 
the good sense of the people, through the press, and by all 
other proper means to which they could resort, they obtained, 
against powerful opposition, the acceptance of this constitu- 
tion ; and thus formed tlie national union. The men who 
thus resisted English monarchy and tyranny, and who thus 
formed this republican and national union, were federalists. 

The President of the convention, (wliich framed this 
constitution,) must have been well informed, by the discus- 
sions which he heard, of the true meaning, and practical 
application, of every sentence and phrase in that instrument. 
He was the first President of the United States, selected to 
execute the powers which that instrument conferred. The 
Senate and House of Representatives were composed of 
men, many of whom had been zealous patriots throughout 
the revolutionary struggle, and most of whom had been 
members of the national or state conventions ; or who were 
otherwise informed of the true meaning, and intent, of the 
constitution. The first Vice President was a man who had 
devoted himself to the cause of the revolution, and who may 
be said to have stood second to no one, in efforts, as a civil- 
ian, to free the country from foreign dominion, and to 
enable it to govern itself, as a republic. The President, the 
Vice President, and a large majority of both branches of 
Congress, were federalists. 

This new form of government was organized. All the 
various powers delegated by the constitution, were defined 
by wise laws, and carried into effect. The whole country 
arose, almost miraculously, from a state of confusion, des- 



364 FAMILIAR LETTERS 

pontlency, idleness, and imminent peril, to one of peace, 
confidence, industry, security, and unexampled prosperity. 
The wreck and ruin, which the revolutionary struggle 
brought on, both of private and public credit, disappeared ; 
and all the benefits which those who led the country through 
the revolution, had desired or imagined, were fully realized. 
The people of the United States, in their new and flourish- 
ing republic, took their place among the nations of the 
earth. This was the achievement of fedekalists. 

In the first twelve years of the national administration, 
the wars of Europe hazarded the peace of the United States. 
The aggressions of the belligerents, the insolent and seduc- 
tive character of French enthusiasm, secret combinations, 
and claims for gratitude^ (to revolutionary France,) called 
for all the firmness, wisdom, and personal influence of 
Washington; and for the best exertions of his political 
associates, to save the United States from the loss of all the 
benefits which had been acquired, by previous toils and 
sacrifices. Compensation for wrongs, was amicably made 
by one of the belligerents, and a treaty, highly beneficial 
and honorable, was negotiated and ratified. With another, 
peace and compensation were sought, and insolently denied; 
all connexion by treaty, was annulled ; the attitude of war was 
assumed ; and, then, the rights of the country were immedi- 
ately recognised, even by fraudulent and unprincipled France. 
The prosperity of the country, and the benefits of enriching 
neutrality, were secured amidst all the desolating conflicts 
of Europe. This was the work of federalists. 

How, then, should it have happened, that the very men 
who hazarded all that was dear to them, to prepare their 
country for republican freedom ; who triumphantly suc- 
ceeded in their eflbrts, and who l)lessed the nation with the 
best form of government which human wisdom could devise, 
and raised their fellow-citizens to security, honor, and pros- 
perity, unexampled in the history of the world, should have 



ON PUBLIC CHARACTERS. 365 

been suddenly converted into monarchists ; and into enemies 
and destroyers of their own monuments of glory ! A rational 
motive must be found for such a supposed change. It 
must be a motive founded in the perversions to which the 
human mind is liable ; and that perversion must arise from 
interest ; and interest must be found in the hope of acquiring 
-■eome good for one's self, or in inflicting some evil on others. 
What good could the founders of a republican Union 
promise themselves, so soon after its foundation, in destroy- 
ing it, and in erecting a monarchy, even if such a measure 
were possible ; or even if it were a change to be had by 
merely willing it ? Then, what evil to others could they 
have meditated, which would not have fallen equally on 
themselves ? Usurpation was impracticable. A perversion 
of legislative and executive power, to accomplish such 
designs, involves the absurdity, that the great body of citi- 
zens were ripe for such a change. 

The true cause of the odium attached to the name of 
Federalist, is to be found in the natural and malignant 
feelings of opponents. At the head of this opposition was 
Mr. Jefferson. He desired the overthrow of federalists, 
that he, and his party, might reign. The means were 
obvious ; they were such as he and his associates may 
have thought honest and right. There is little doubt that 
he thought of federalists as he spoke and wrote ; and as 
little, that he thought it honest and right, through the press, 
and by the exertion of his own personal influence, to lead 
the mass of citizens to distrust, to fear, and to hate federal- 
ists, He well knew the means of doing this. He appealed 
to the prejudices and delusions of those, whom he was 
pleased to call the people ; he told them of burthens which 
they never felt ; of usurpations, and misapplication of power, 
which had no basis but in his own imagination. He 
associated himself with the lowest order of popular deceiv- 
ers. He triumphed, and became President, and officially 
31* 



366 FAMILIAR LETTERS 

confirmed all that he had done, as an individual. He ap- 
plied the constitutional power, vested in him, to establish 
the dominion of party, under which the United States have 
been struggling ever since. The effect of his exercise of 
power, on the welfare and morals of the people, is shown in 
the present condition of the United States. 

Mr. Jefferson, in enumerating his own merits, claims the 
gratitude of his countrymen, for his excellent achievement 
in "making head" against federalism, and in finally de- 
stroying its dominion. In all this Mr. Jefferson was sincere 
and honest ; and died in the belief, tliat he was a great and 
good patriot, in having made the monarchical founders of the 
national union, the enemies of France, and the friends of 
England (as he viewed them) odious to a majority of his 
fellow-citizens. Most of this majority were little competent 
to judge, whether Mr. Jefferson was credible in his male- 
dictions, or not. ' Less of their number were competent to 
judge, whether the measures of federalists were adapted to 
promote the honor, and happiness of" the nation, or not. It 
was satisfactory to this majority, that the great and good Mr. 
Jefferson said they were not, and that the authors of them 
were traitors and monarchists. 

So fell federalism. Not from its want of talent, integrity, 
or patriotism ; not for its perversion of power ; but as the 
Spartan band fell at ThermopyL-e, beneath a mound of 
arrows, so fell federalism beneath a mound of calumnies 
and slanders, of which Tliomas Jefferson was the maker, 
or patron. The name became so odious, that it was aban- 
doned. It ought ever to have been the most honorable, 
that any citizen could assume. Mr. Jefferson thought 
otherwise ; and doomed all federalists to struggle in the 
ranks of opposition, under whatsoever name they could 
assume. 

Federalist meant no more than attachment to the national 
union, in contra-distiuction to those who were opposed to it. 



ON" PURLIC CHARACTERS. 367 

Like whig, and tory, democrat, and jacobin, it signified the 
principles and policy of those who bore it. In this relation, 
federalism ever meant this, and this only, a pure and 
righteous administration of national and state govern- 
ments, in strict conformity to the established constitutions. 
So federalism will be considered in history, and as such will 
be honored by future generations. 

No exemption from human frailty is claimed for federalists. 
They were a political party. Mr. .lefferson and his asso- 
ciates compelled them to be such party. They may, or may 
not, be thought to have acted prudently in some respects ; 
and especially, in passing the alien and sedition laws. 
They thought that the acts of those whom Mr. Jefferson be- 
friended and patronised, endangered the safety of the coun- 
try, and forced these measures upon them. It is believed 
that they were right. Whether they were so, or not, in 
these measures, were they an exclusive, vindictive party? 
Did they turn any man out of office, merely for political 
opinions? Did they make it an indispensable qualification 
for office, that a candidate should have vowed allegiance to 
them, and hostility to their adversaries ? Did they combine 
postmasters, revenue officers, clerks, printers, and every 
grade of diplomatic and executive agents, in one solid body, 
to uphold them, rigJit or ivrong ? These were not the acts 
o^ federalists. 

The perversions and misrule of party power, under the 
two Presidents, Jefferson and Madison, called forth the 
patriotic exertions of federalists. Some were in Congress, 
some in state legislatures ; and, sometimes, a federalist was 
in the chief executive station, in some of the states. Many, 
in private life, could not be tame and silent spectators of the 
ruinous measures, which these two Presidents recommended, 
or adopted. /What these federalists did as opponents of 
JefTersonism, is no less to their honor and credit, than their 
eflforts to establish a government, which these two Presidents, 
under the guidance of party zeal, did all but annihilate. 



368 FAMILIAR LETTERS 

It remains to say something of the individuals, who did 
themselves equal honor in founding, and sustaining the re- 
public ; and in opposing the perverse measures of Jefferson 
and Madison. To these individuals we are indebted, that 
there is still such an institution as the national republic of 
the United States. 



LETTER LXXI. 

February 10, 1834. 

The writer of these sketches well knew all the men in 
Massachusetts, who were engaged in public life, during the 
administrations of Mr. Jefferson and Mr. Madison. He has 
heard all of them express their opinions on the state of the 
country, in those days, in public and in private. With 
some of them, he was intimately associated, and knew their 
thoughts, on all subjects of political character, as certainly 
as thoughts can be known, where there is unreserved con- 
fidence, and a common interest on the same subject. He 
never heard, from any one of these men, any opinion hos- 
tile to the national constitution, or the Union of the states ; 
but from all of them, a most unqualified and zealous devo- 
tion to the preservation of both. He has heard, from all of 
them, the most decided disapprobation of the administrations 
of which they were opponents. They were, one and all, 
from interest, duty, and principle, constitutional repuhlicans. 
Yet, they were called monarchists, anglomcn, disorganizers, 
and traitors, because they warned their countrymen of the 
errors, and follies, of national rulers. 

When Thomas Jefferson first became President, Caleb 
Strong was Governor of Massachusetts. He was born in 
Northampton, in 1744 ; educated at Harvard University ; by 
profession a lawyer ; and was actively engaged in the first 



ON PUBLIC CHARACTERS. 369 

scenes of the revolution. As early as 1775, when he was 
only 31 years of age, he was a member of the committee of 
public safety. He was in public service during tlie whole 
of revolutionary times; a member of the convention which 
framed the federal constitution, and of that which adopted 
it, in his native state. He was senator in Congress in 
Washington's time ; governor of Massaciuisetts, from 1800 
to 1807, and again elected in 1812, and continued in that 
office during the war. He refused to give up the militia 
called for at the beginning of the war, because, in his 
opinion, the call was not warranted by the constitution. In 
this opinion, he was sustained by that of the Supreme 
Judicial Court. Governor Strong was a tall man, of mode- 
rate fulness; of rather long visage, dark complexion, and 
blue eyes. He wore his hair loose, combed over his forehead, 
and slightly powdered. He had nothing of the polish of 
cities in his demeanor, but a gentle complaisance, and kind- 
ness. He was a man of strong mind, calm, cool judgment, 
and of purest character throughout liis life. Perhaps no 
man in the United States could have been so unlike a 
monarchist, and a traitor, as Caleb Strong. 

His successor, John Brooks, was born at Medford, in 
1752. By profession, a physician, though not favored with 
a liberal education. He engaged very early in the revolu- 
tionary war, and acquired celebrity ; and was much distin- 
guished at the capture of Burgoyne. He attracted the 
notice, and enjoyed the confidence and friendship of Wash- 
ington. He was often a member of the legislature, and 
was adjutant general under Governor Strong, in Mr. Madi- 
son's war. Without high pretensions to intellectual dis- 
tinction, he was a man of practical wisdom, sound judgment, 
and of pure and elevated mind. No man was more es- 
teemed and respected than John Brooks. He was of middle 
stature, well-formed, and of soldierly dignity of manner. 
Mr. Jefferson does not mention John Brooks, by name, as 



370 FAMILIAR LETTERS 

one of the " worthless and disaffected," but he was of the 
denounced class of citizens. 

Christopher Gore is specially named as one of the au- 
gloinen and traitors. He was born in Boston, in 1758, and 
educated at Cambridge, and became an eminent lawyer. He 
was one of the convention that adopted the constitution, in 
which he took an active and honorable part. He was 
the first attorney of the United States, for the Massachusetts 
district, under the new constitution. In 1796, he was ap- 
pointed a commissioner to settle the claims for British 
spoliations, under Jay's treaty. He was eight years in 
England, in this employment. On his return, so acceptable 
had been the performance of his duties in that station, that 
the most respectable persons united in a festival to do him 
honor; and a more sincere and cordial testimonial of re- 
spect and esteem, was never given to any man. He was in 
the Senate of Massachusetts for two or three years after his 
return. One of the ab.Iest papers that appeared on the 
orders in council, and the decrees of France, and on the 
manner in which these had been treated by the national 
government, was drawn up by him, in the form of a report 
on a memorial of citizens to the legislature. There are 
many other public documents from his pen. In 1809, he 
was chosen governor. His speeches, in that office, are to 
be considered in relation to Mr. Jefferson's commentaries 
on Governor Gore's political tendencies. In 1814, Mr. 
Gore was senator in Congress from Massachusetts, where he 
remained about three years, and then withdrew from all 
public employment. Mr. Gore was ratlier tall, and in middle 
age of full person, and erect, but began to bend forward at 
an earlier age than common. He was bald on the whole 
upper surface of his head, at an unusually early period. 
His hair was tied behind, and dressed with powder. His 
face was round and florid, his eyes black ; his manners 
courteous and amiable. His eloquence was dignified and 



ON PUBLIC CHARACTERS. 371 

impressive. In all his relations, and deportment, he had 
the bearing of a polished, and well-bred gentleman. With 
his intimates, he was free and social, and had, and deserved 
to have, many affectionate friends. Mr. Gore was a man of 
very considerable wealth, portions of which he bestowed 
munificently by will, to public institutions, and especially to 
Harvard University. One can readily see, why a man so 
circumstanced in the world, should desire that the Union, 
and the national constitution, should be preserved, and the 
latter righteously administered ; and it is impossible to discern 
any motive which such a man could have, for desiring to 
introduce popular commotion and anarchy. But it is easily 
to be perceived, why Mr. Jefferson may have found it con- 
venient to make such an opponent odious. 

One of the eminent men whom Mr. Jefferson is particu- 
larly disposed to notice as a monarchist, and angloman, 
(Mr. Jefferson's favorite name for those whom he considered 
to be of the English faction,) was George Cabot. This 
gentleman was born in Salem, in 1752. Before he was 26 
years of age, he was a member of the Provincial Congress 
of Massachusetts. In 1 787 - 8, he was a distinguished mem- 
ber of the state convention, on the federal constitution ; and 
for several years senator in Congress. The latter years of 
his life, he was sometimes in tbe slate legislature, and in 
the executive council. In the deplorable distress, caused 
by Madison's war, Mr. Cabot consented to be one of the 
Hartford Convention, in which assembly he was President. 
Mr. Jefferson had the strongest inducement to depreciate 
Mr. Cabot, for no man saw more clearly the motives of Mr. 
Jefferson, and the consequences of his policy. All the party 
malignity which Mr. Jefferson felt for Hamilton, was ex- 
tended to ail Hamilton's political friends, and to none more 
than to Mr. Cabot and Mr. Ames, who accorded entirely with 
Hamilton, in his views of national policy. It is no easy 
task to describe George Cabot in a manner worthy of him. 



370 FAMILIAR LETTERS 

and adapted to make known, by words, what he was, as a 
statesman, a man of information, a patriot, a citizen, and a 
gentleman. His early days were passed in the usual semi- 
naries ; and he was, for some time, at Cambridge University, 
but left it in his boyhood, for the purpose of qualifying him- 
self for a life of business. He became his own teacher, and 
for the high elevation to which he afterwards attained, he 
was indebted to his own cultivation of his extraordinary 
powers of mind. The state of the country, and the deep 
concern which he took in its prosperity, directed his atten- 
tion to the great public interests. One who had the best 
opportunities to know him, (Dr. Kirkland,) thus describes 
his qualities : " His mind was at once comprehensive and 
" discriminating ; full, yet accurate. He was sagacious and 
" acute in disentangling involved and difficult subjects ; 
" knowino- how to separate appearances from realities ; to 
" distino-uish the probable, the true, the practical. The 
" materials that constituted his intellectual store, lay in his 
" mind, in methodical arrangement, ready to be applied to 
" their proper uses, for argument, persuasion, colloquial 
" communication, or the conduct of life." 

On national subjects, which engaged the public attention 
in the first fifteen years of this century, no man thought 
more, or more profoundly and justly, than Mr. Cabot. He 
was listened to with the highest respect and confidence by 
the most eminent men of the time ; and by no one more 
than his intimate friend, Mr. Ames. No one left Mr. Cabot's 
presence without being made wiser, if he was capable of 
beincT instructed. Not only were the treasures of his mind 
frankly and freely poured forth, but with a clearness and 
elegance of expression, and in tones so captivating, that no 
parallel case can be mentioned. 

His life was as pure and blameless, as his intellectual 
powers were transcendent. He had manifested, in all his 
public relations, an ardent zeal for the constitution, and the 



ON PUBLIC CHARACTERS. 373 

union ; all his hopes of welfare, and personal consideration, 
rested on the republican experiment that his country was 
making. No one desired more sincerely, that the experi- 
ment should be successful, and, consequently, no one felt 
more keenly, the defeat which Jeffersonism threatened to 
effect. Of that system of policy, he was seriously and con- 
scientiously an opponent. In proportion to his influence, 
was the measure of calumny. 

Mr. Cabot is most affectionately, and respectfully remem- 
bered, by all who had the honor and good fortune to enjoy 
his friendship. But tiiey who knew him, are passing away ; 
the remnant is daily diminishing ; and it is sorrowful to feel 
assured, that so little will be known in distant times, of one, 
whose counsels, while living, were held in the highest vene- 
ration. It is to be regretted, that there is nothing preserved 
of so rich and prolific a mind, but in the memory of those, 
who are, also, soon to pass away. 

Mr. Cabot was a tall man, well formed, of courteous and 
elegant manners, and refined aspect : his complexion light, 
his eyes blue : his mode of speaking in colloquial inter- 
course, serious and earnest, but not vehement. The dress 
of his thoughts was clear, strong, and appropriate, and every 
sentence apparently incapable of amendment. 

It was such a man, that Mr. Jefferson would send down 
to posterity, as a monarchist, disorganizer, and enemy of 
his country.* 

*It is well remembered to have been one of Mr. Cabot's opinions, 
that this country must, sooner or later, submit (as in ancient repub- 
lics) to the termination of freedom, through popular delusion. He 
thought the natural action of this spirit, was most terrible in small 
communities ; and that the prolonged safety of this country would 
be found, in the diffu.sion of its inhabitants over a wide surface. He 
was, therefore, for continuing the unity of the American people, and 
avoiding the evils of party feeling, when limited to narrow spaces, 
and to small numbers. 

32 



374 FAMILIAR LETTERS 

To these four names, (Strong, Brooks, Gore, and Cabot,) 
might be added hundreds of others, (no longer among the 
living,) comprising lawyers, merchants, farmers, and me- 
chanics, as well known in their respective spheres as these 
four were ; all of whom thought, on national subjects, as 
these four thought ; and all of whom were conscientiously 
opponents of Jeffersonism ; and all of whom were, conse- 
quently, monarchists, disorganizers, and traitors. These 
men, one and all, regarded with abhorrence, the reign of 
French jacobinism in Europe, and were indignant in seeing 
Mr. Jefferson's efforts, to transplant, or to engraft it on 
American stock. 

These four have not been selected in disregard of others, 
not less respectable and worthy, but because these four 
began with the American revolution, and labored through 
it; because one of them was a framerofthe national con- 
stitution ; all four of them strenuous advocates for its adop- 
tion ; three of them officers under it ; and all of them in 
high offices under the state constitution. The election of 
such men, by those who knew them well, is some evidence 
of their intelligence, and virtues. 

Such men, Thomas Jeflferson charges with plots and 
combinations, to subvert the institutions which they had es- 
tablished ; and at the very time when their purposes were 
in successful experiment, under their own direction. On 
the continued success of this experiment, depended their 
fame, their property, their personal welfare, the prosperity 
and happiness of their friends and kindred. 

What, then, was Thomas Jefferson's motive ? Was he 
fraudulent and base ? Probably not. He was under the 
delusion which beguiles a vain, wrong-headed, selfish, party 
man. It is such men, who have overturned all former re- 
publics. They substitute themselves, and their party, for 
the country, the people, the laws, and the constitution ; and 
are, at last, forced into despotism, whether they so intended, 
or not. 



ON PUBLIC CHARACTERS. 375 



LETTER LXXII. 

February 16, 1834. 

There are three persons whom Mr. Jefferson is pleased 
to distinguish, with peculiar emphasis, in his writings, viz: 
Timothy Pickering, John Lowell, and Stephen Higginson. 
Mr. Pickering was in the public service from the com- 
mencement of the revolution, almost to the close of his long 
life, in various, and in honorable stations. He proved him- 
self to be an able man in all of them, and an officer of in- 
corruptible integrity. This gendeman has but recently 
deceased ; and there are so many now living who knew him 
well, and who speak of him with the highest respect, that it 
must be left to those, who are so much better informed than 
the writer of these sketches can assume to be, to do him 
justice, if they think Mr. Jefferson's remarks worth noticing. 
It must strike them as ludicrous, that a man who might be 
selected as a model of republican simplicity, and directness, 
should be publicly charged with plotting, (in conjunction 
with a London merchant of singular retiredness of deport- 
ment, in all things but his mercantile concerns,) to subject 
his own country to British dominion. Mr. Jefferson may 
have known how such affairs are managed ; but it is be- 
lieved, that the British ministry, and federalists, were 
equally strangers to such modes of managing public interests. 
The absurdity of supposing that the British could carry any 
designs which they may have had, by corrupt means, or 
that any distinguished members of the federal party imagin- 
ed they could accomplish any British purpose through such 
means, is too glaring to have found admission to any but a 
distempered mind. The case was much otherwise with the 
French. The miseries to which they subjected other na- 
tions, were the consequences of management, no less than of 
force. 



376 FAMILIAR LETTERS 

There is a very remarkable record in Mr. Jefferson's 4th 
volume, page 514, under date of December 25, 1800, con- 
cerning the two other persons, before named, — John Lowell 
(sen.) and Stephen Higginson. Though there is no plea- 
sure in copying Mr. Jefferson, this record cannot be under- 
stood without taking the whole of it together. 

" Colonel Hichborn tdh me, what Colonel Monroe hadbe- 
'^ fore told luc of, as coming from Hiihboi'ii. He was giving 
" me the characters of persons in Massachusetts. Speaking 
"of Lowell, he said he was, in the beginning of the revolu- 
" lion, a timid whig, but as soon as he found we were likely 
" to prevail, he became a great office hunter. And in the 
" very moment of speaking of Lowell, he stopped : Says he, 
" I will give you a piece of information, ivhich I do not ven- 
" turc to speak of to others. There was a Mr. Hale, in Mas- 
" sachusetts, a reputable, worthy man, who becoming a little 
" embarrassed in his affairs, I aided him, which made him 
" very friendly to me. He went to Canada, on some 
" business. The governor there, took great notice of 
" him. On his return, he took occasion to mention to 
" me, that he was authorized by the Governor of Canada, to 
'* give from three to f lie thousand guineas, each, to himself, 
" and some others^ not to do anything to the injury of their 
" country, hut to befriend a good connexion between England 
" and it. Hichborn said he would think of it, and asked 
" Hale to come, and dine with him to-morrow. After din- 
" ner, he drew Hale fully out. He told him he had his 
" doubts, but particularly, that he should not like to be 
" alone in such a business. On that, Hale named to him 
" four others who were to be engaged, two of whom, said 
" Hichborn, are now dead, and two living. Hichborn, 
" when he had got all he wanted out of Hale, declined in a 
" friendly way. But he observed those four men, from that 
" moment, to espouse the interests of England on every 
" point, and on every occasion. Though he did not name 



ON PUBLIC CHARACTERS. 377 

" the men to me, yet as speaking of Lowell, was what 
" brought into his head to tell me this smecdote, I concluded 
" he was one. From other circumstances respecting Stephen 
" Higginson, of whom he spoke, I conjectured him to be the 
" other living one." 

" December 2Gth. In another conversation, I mentioned 
" to Colonel Hichborn, that though he had not named 
" names, I had strongi) suspected Higginson to be one of 
" Hale's men. He smiled and said, if I had strongly sus- 
" pected any man wrongfully, on his information, he would 
" undeceive me : that there were no persons he thought 
" more strongly to be suspected himself, than Higginson and 
" Lowell. / considered him as saying they were the men. 
" Higginson is employed in an important business about our 
"navy." 

A personal friend of the late Judge Lowell, and of the 
late Mr. Higginson, has favored the writer with the follow- 
ing remarks on the foregoing extracts : 

' This most extraordinary accusation was entered in Mr. 
' Jefferson's diary in 1800, twenty-five years after the sup- 
' posed and imputed transactions and crimes ; it was care- 

* fully concealed by Mr. Jefferson during his whole life, and 
' left to be published to the world, half a century after the 
' supposed transaction ; and when from Mr. Jefferson's un- 

* common longevity, it was absolutely certain, that there 
' could not be a single surviving witness to an accusation so 

* solemn, and, \i unfounded, atrocious. It was, upon its face, 
' a case, in which a man indulged his passions, to gratify 
' his own personal hatred towaids men, who differed from 
' him in political opinions. This should not be forgotten. 

* As to the degree of unfairness, and we may add, baseness, 

* of leaving a posthumous charge on record against men of 
' as high and honorable character, as any in New England, 
' and who enjoyed always, the entire confidence of the in- 
' telligent and astute people of the state of Massachusetts, 

32* 



378 



FAMILIAR LETTERS 



' every man can form an opinion for himself When history 
' can be so much corrupted and defiled, that a man,consuIt- 
' ino; his own passions, and governed solely by his personal 
' prejudices, shall be permitted to state, as facts, such idle 
' and unfounded surmises, after the demise of his friends and 
' coadjutors, surely there is no security for the truth of his- 
' tory, or for the character of individuals employed in the 
' great concerns of a nation. 

* But, to analyze this most licentious, and in its form and 

* circumstances, most improbable story : " A Mr. Hale," 
' without a christian name, without any description of resi- 
' dance to enable the accused parties to identify him, and 
' utterly unknown to any man now living, applies to Colonel 
' Hichborn, and admitting that he had himself received a 

* bribe of three thousand guineas from the governor of 
' Canada, proposes to bribe the Colonel himself This, he 
' aays, was owing to great favors, he, (Colonel Hichborn,) 
' had rendered to Hale. The Colonel, after this base offer, 
' invites Hale to his table ; and learns from him, that four 
' other persons had received bribes, and, therefore, the 
' Colonel need feel no delicacy in following the example. 
' The Colonel's own sense of honor and patriotism forbade 
' him to accept the bribe. He had not the courage and 
' hardihood to announce to Jefferson the names of the 
' guilty parties, even in 1800, twenty years after the sup- 
' posed events. Jefferson presses him to name the parties 
' in vain, and therefore he suggests to the Colonel who they 

* were. The Colonel replies in an oracular style, and Jef- 

* ferson " concludes," and " conjectures," that Lowell and 
' Higginson, were the men intended by Hale. Thus he 
' commits to posterity, on the credit of Colonel Hichborn, 
' and on his own conjectures, (which Hichborn, the most 
' fearless and dauntless of men, did not venture to disclose,) 
' a charge against Judge Lowell and Stephen Higginson, 
' amounting to treason. To be sure, both of these men 



ON PtBLlC CHARACTEtlS. 379 

afterwards enjoyed, during tlieir long lives, the confidence 
of all who knew them. To be sure, they were among the 
most active revolutionary patriots. They were, moreover, 
the personal friends and coadjutors of Jefferson himself, as 
can be proved by their correspondence ; still this did not 
hinder Mr. Jefferson, at the end of fifty years, a half cen- 
tury after the supposed events, from committing this 
atrocious charge against his co-patriots and personal 
friends, to paper, to be published after his decease. 
* Mr. Jefferson was a lawyer, and a very sagacious man. 
He was perfectly capable of weighing evidence. How, 
then, could the following queries have escaped him ? And 
why should he not have put them to Colonel Hichborn, if 
his only object was the truth? 

' Colonel Hichborn, that Mr. Hale, whoever he might be, 
avowed himself to you to be a purchased traitor. He had 
received, he told you, his three thousand guineas, for the 
sale of his principles. He was, by our law, subject to death 
as a traitor. You was his confidential friend. Why did 
not you denounce him at once, to the committee of safety ? 
or to the Attorney General of the state, or to the grand 
jury ? You were guilty of misprision of treason. This 
is not all ; you ought to have denounced, openly and 
frankly, Higginson and Lowell. They enjoyed the high- 
est confidence in our republic. They were not only 
members of tlie legislature of Massachusetts, but were 
both of them unanimously elected members of the revolu- 
tionary Congress, and one or tlie other of them continued 
in these important stations till the peace. Why did you 
not alarm the republic? You hated, with as deep and 
cordial a sentiment as a man could do, Stephen Higginson ; 
but you admired, courted, and praised John Lowell, till 
his death. How then can I reconcile your story with 
your patriotism? How, in the bitter times which followed 
' the revolutionary war, can I reconcile your silence, with 



380 FAMILIAR LETTERS 

* truth 1 Did you not go out with Steplien Higginson a3 

* your second in command, to suppress the insurrection of 

* 1786, and did you ever lisp a word against him till now? 
' Sir, I doubt your story. 

' Such would have been the reflections of an honest mind 1 

* Such were not those of Mr Jefferson.' 

Such are the views of one who knew Judge Lowell and 
Stephen Higginson, much better than the writer could have 
known them. Setting aside the improbable occurrence, 
that the governor of Canada would first corrupt an obscure 
individual, and then trust him with fifteen or twenty thousand 
guineas to corrupt others ; it is quite incredible that two such 
men as Lowell and Higginson were ever known to be, 
would trust their fame to " a Mr. Hale." It is very uncer- 
tain what Colonel Hichborn told to Mr. Jefferson, with the 
preface, that he would tell no one but him, though he had 
before told the same thing to Monroe, who had told it to 
Jefferson. It is still more uncertain what was told, for 
the reason that Mr. Jefferson soi/s it was ; because it is 
proved, that Mr. Jefferson had, either such a memory as he 
says Washington had, (always bad, and growing worse,) or 
that he could record " false facts." 

There is a striking absurdity in Mr. Jefferson's own 
statement. These " three to five thousand guineas each," 
were to be given to men, as a bribe, for what? " Not to do 
" any thing to the injury of their men country, but to 
" befriend a good connexion, between England, and it." It 
is much to be regretted, that " a Mr. Hale " did not bribe 
Mr. Jefferson with the whole amount, if he could have been 
thereby induced to act in conformity to the Governor's 
proposal. It was his duty " to befriend a good connexion 
" with England," as Washington did, as well as with all 
other nations. He pursued, on all occasions, precisely the 
opposite course. And as to doing " nothing to the injury 
" of his own country;" surely, no man above or below its 



ON PUBLIC CHARACTERS. 381 

surface, (not even excepting Andrew Jackson,) has done it 
so much injury. 

But, it is feared, that this calumny has been treated with 
much more seriousness than it deserves. It would not have 
been noticed at all, but for the purpose of presenting Mr. Jef- 
ferson ill one more aspect of his own choosing ; certainly not 
to vindicate either of the gentlemen so accused. They need 
no vindication, but that which the record carries in itself 

John Lowell was an eminent lawyer, and in full practice 
at the commencement of the revolution. He continued his 
practice during the war, as counsel for merchants, and 
others, who were zealous on the patriot side. He was a 
member of the old Congress ; and on the adoption of the 
federal constitution, was appointed District Judge in Massa- 
chusetts, by President Washington ; in which office he 
continued, until appointed Chief Justice of the Circuit Court 
in 1801, by Mr. Adams. He remained in that office, until 
Mr. Jefferson caused that court to be abolished, in 1802, in 
which year Judge Lowell died, at the age of about fifty-nine. 

Judge Lowell was one of the most amiable, pure, and 
honorable men, that ever lived. He was a true constitutional 
federalist, and expressed his opinions as such. But his 
judicial character, and his own sense of propriety, prevented 
him from engaging in political controversies. Mr. Jefferson 
could not have made a more unfortunate selection, of a man 
to receive " three to five thousand " British guineas, than 
Judge Lowell. 

Stephen Higginson was an eminent merchant; an inti- 
mate friend of George Cabot; and was undoubtedly charge- 
able with the twofold sin of being a stanch Washingtonian 
federalist, and a most sincere and inflexible opponent of the 
Gallic-American policy of Mr. Jefferson. He was navy 
agent of the United States, from the first beginning of the 
navy, until he was dismissed to accommodate one of Mr. 
Jefferson's partisans, Mr. Higginson was a man of strong, 



382 FAMILIAR LETTERS 

clear mind, of simple, serious manners, and very competent 
to understand the character and tendency of Mr. Jefferson's 
measures. He was a man of habitual reserve, and few 
words, except among his friendly associates. To any one 
who knew Mr. Higginson, there can be nothing more pal- 
pably absurd, than to suppose him a purchased man, in a 
scheme of intrigue and treason. Mr. Jefferson has been 
very unlucky in selection of men, in this quarter, for 
political knaves. 

Colonel Hichborn was a lawyer; and was of the Jefferson 
party ; he was a man of very varied fortune. He well 
knew Judge Lowell, and Mr. Higginson, and both of them 
well knew him. And though Colonel Hichborn may not 
have felt much restraint in discussing the characters of 
political adversaries, (apparently a favorite vocation of Mr. 
Jefferson,) it is very doubtful, from Mr. Jefferson's own 
record, whether Colonel Hichborn intended to convey the 
opinions which Mr. Jefferson intended to make credible, by 
his adoption, or, more properly, his creation of them. 



LETTER L XXI II. 

Februaky 25, 1834. 

The number of distinguished men who appeared at the 
close of the last, and the beginning of this century, is so great, 
that it is a delicate matter to decide who among them should 
not be mentioned, as all of them cannot be. It may be safest 
not to add to the number of those who have been mentioned ; 
but there are some, who held so conspicuous a rank, that 
they should not be passed over ; especially, as in mentioning 
them, a deserved homage will be rendered to the human 
mind. In these instances, there are seen two men, both of 



ON PUBLIC CHARACTERS. 383 

whom are entitled to be called great, both eminent lawyers; 
the one rich in the knowledge of other men's thoughts, as 
well as of his own ; the other rich in knowledge for which 
he was little indebted to other minds, and most of which he 
created in his own. These were Parsons and Dexter. 

Theophilus Parsons, the son of a clergyman, was born in 
Byfield, Mass. February, 1750. He was educated at Cam- 
bridge, and is said to have been an uncommonly hard student 
while there. He kept school at Portland, and was admitted 
to the bar at that place. When Portland was burnt, he went 
to his father's at Byfield. The learned Judge Trowbridge, 
who lived in Cambridge, retired to the same town, during 
the war, and carried with him his law library for amusement. 
As professional books were difficult to be had, Mr. Parsons 
availed himself of the Judge's books, and conversation ; 
and studied so intently as to impair his health, and to make 
the continuance of his life exceedingly precarious, for many 
years. He became an invalid, very thin in person, and an 
afflicted hypochondriac. The extreme care which he mani- 
fested in after life, in guarding his person, may have arisen 
from these early solicitudes. After the war, he opened an 
office in Newburyport, and soon became eminent. He 
afterwards removed to Boston. In 1806, on the resignation 
of Chief Justice Dana, he was appointed to the vacated 
station, and held it to the close of his life, October 30th, 
1813, when he was 63 years of age. 

He was the most learned lawyer of his time ; and was 
called the giant of the law. He comprised in his professional 
attainments, among other things, a full and accurate know- 
ledge of the common law, civil, maritime, and ecclesiastical 
law ; the law-merchant, the statute and common law of his 
own country, and the law of nations. He retained all the 
learning which he thought it necessary to acquire, and, 
from the methodical order of his mind, all he knew, was 
ever familiarly at his command. His speeches to juries and 



384 



PAMILIAR LETTERS 



judges, were neither eloquent nor elegant, in any thing but 
pertinency, and argument. They were never long, and he 
was among the few, who could discern when they have said 
enough for their purpose. His eloquence was earnestness, 
his manner easy, familiar, persuasive, and never vehement. 
It is not remembered that he ever used a brief; his memory 
was his brief, and the best one that a lawyer can use. 

His presidency on the bench was an era in judicial ability, 
and in despatch of business. It would be assuming too much 
to pronounce on the character of his judgments. Very few 
of them have not been approved by the able minds which 
have since been employed on the same subjects. Some of 
them have been especially respected for their explanatory 
and illustrative notice, of what may be distinguished as the 
common law of the state. Tliere may be different opinions 
as to the manner in which he performed his official duties. 
It satisfied him, that a case was rightly disposed of, wheth- 
er the counsel and parties were, or were not satisfied, 
with the despatchfulness with which it was done. If he 
thought a case needed no argument, he was not disposed to 
hear any. However much the patience of judges, and 
jurors, may sometimes be exercised, litigants win or lose 
cases, with much more complacency, if the matter has been 
well " spoken to." It is a trait in the character of yankees, 
that they like a close warfare of words, especially when they 
pay money to have it; and they like to have their wranglers 
for hire, " hold on." But the Chief Justice, by intuition, or 
some process analogous to his familiar use of algebraic 
deduction, saw what the end must be; and was impatient of 
the slow process by which inferior minds arrived at it. It 
is doubtful, whether it is best for a judge, or for tiie commu- 
nity, that he should know much more, and discern much 
more rapidly, than any or all around him, when engaged in 
the administration of justice. Whatever may be thougiit of 
such matters. Chief Justice Parsons was one of the most 
learned and able Judges that ever appeared in any court. 



ON PUBLIC CHARACTERS. 385 

His political life was not distinguished. He is said to 
have had a distaste to political controversy. It was not con- 
genial to the character of his mind. He was of the conven- 
tion which framed the Massachusetts constitution, and of 
that which adopted the national one. In both these assem- 
blies he held a high rank, and was the inferior of no man 
whom he met therein. On extraordinary occasions, he 
sometimes accepted a seat in the state legislature. He was 
an original, and thorough federalist ; and, consequently, 
understood and condemned Mr. Jefferson's theories and 
practice. As Mr. Jefferson was curious and diligent, as to 
friends and foes, and loved to discuss character, he ranked 
Judge Parsons among the enemies of the country. No 
doubt this gentleman kept very bad company, in Mr. Jef- 
ferson's opinion ; for he was the intimate associate of such 
men as Cabot, Lowell, Higginson, and Ames; and (which 
must have been conclusive with Mr. Jefferson) he was 
appointed Chief Justice by Caleb Strong. 

As a scholar, and a man of science, (especially in Greek 
and mathematics,) there is unquestionable evidence, from the 
most competent judges, of his very high attainments. These 
studies were his amusements ; but he also read and delighted 
in the current literature of the day, and, it is said, that he 
was as well read in novels and romances, as in the law. 

Mr. Parsons was one of the most unremitting and incessant 
students that ever lived. When not called off by business, his 
daily habit was to sit and study, from twelve to fifteen hours a 
day, all his life ; and this without exercise or relaxation. Great 
lawyer as he was, he did not study law from the love of it. 
He left a great mass of manuscripts, comprising classical 
literature, a Greek grammar, professional essays, and on 
mathematics and astronomy ; the two latter subjects, and 
natural philosophy, being his favorite studies. On such 
subjects he had collected a very considerable library ; and 
had also an extensive and valuable collection of optical and 
33 



386 FAMILIAR LETTERS 

philosophical instruments. It is said that he published 
nothing, and did not intend anything that he wrote, for 
publication. Nothing was left in condition for the press. 
So that nothing remains of this great mind, but his official 
judgments. 

It is grateful to know, that such a powerful mind as Judge 
Parsons had, was applied, with all its force, on the truth of 
Christian revelation. He is said to have examined this 
subject with the acute and discriminating ability, which 
marked all his intellectual action. He publicly professed 
his belief in Christianity, and closed his life in that belief. 

He was a man of six feet in stature, of full person, but 
rather small lower limbs. It was not till he was about fifty 
that his fulness of person occurred. His face was round 
and full, his complexion sallow, his eyes large and blue. 
He affected no elegance of manner or dress ; in the latter 
he was indifferent, if not careless. He often wore a colored 
silk handkerchief around his neck and over his coat. He 
wore a brown tie wig, the hair coming down in front almost 
to his eyebrows; and his own hair sometimes appearing 
from behind. He had a very keen, intent look when 
making, or listening to an argument, and this appeared to 
be the more so, from his habit of drawing his chin towards 
his breast, and looking almost through his eyebrows. This 
position of his head, was, probably, acquired by his sedentary 
habit of study. The expression of his tranquil face was 
amiable and pleasing. In his day, at the bar, there was 
often a keen and close encounter of wit and sarcasm ; 
seasoned a little, sometimes, with political excitement, and, 
sometimes, arising to passionate expression. But Mr. Par- 
sons did not lose himself, on these occasions. 

He was naturally liable to passionate excitement. When 
he was about thirty years of age, he gave way to a very 
justifiable cause of violent anger. This happened in the 
presence of his wife, who was so much affected, as to faint. 



ON PUBLIC CHARACTERS, 387 

He then resolved, never in his life to give way to passion, 
and, it is said, he never did. It has been thought that all 
men of very exalted intellect, by nature, are liable to violent 
passions. Certainly, there are many such cases ; but there 
are, also, many cases of passionate persons, of very inferior 
minds. 

In private life, and social intercourse, he was an amiable 
man, of very easy, familiar manner; and was very gracious 
to his young brethren. He loved good stories, and told 
them well; was full of apt anecdote, and pleasant wit, and 
was ready and sharp at repartee. He laughed heartily, but 
inwardly, and with his lips closed. 

This eminent man had something of a defect, not uncom- 
mon with "giant" minds. Though the ends which he 
desired to accomplish were such as ought to be accomplished, 
he thought inferior minds should be managed. The suspicion 
that he was disposed to management, impaired his influence. 
Ingenuity, in leading inferior minds to assent, where it is 
proper that they should do so, is not an uncommon trait in 
men of superior intellect. It is a sort of homage which 
such intellect pays to itself But contempt, and management, 
are not readily forgiven, even by the most inferior. All 
that is true in this respect of Mr. Parsons, probably came 
to no more than this; that he was adroit in accomplishing 
commendable purposes; which is a merit; and not that he 
managed to attain improper purposes, which is addinor one 
vice to another. Enough, perhaps, has been quoted fiom 
Mr. Jefferson's writings to show, what sort of a tnanagcr he 
was. 

The successor of Chief Justice Parsons, was Samuel 
Scwall, of the ancient and distinguished family of that name. 
He was a native of Boston, but had resided for many years 
at Marblehead. He had been a member of Congress ; and 
thirteen years on the bench, when appointed Chief Justice. 
He held this place but a few months. He died at Wiscasset, 



388 FAMILIAR LETTERS 

while on the circuit, instantly, and without any previous 
illness, June, 1814, at the age of 57. He is supposed to 
have had some disease of the heart. He was below middle 
stature, and of rather full person. His manners were those 
of a gentleman, amiable and courteous. He was a learned 
lawyer, and was highly esteemed and respected. If his 
judgments had any defect, it was in the want of clearness 
and simplicity. 

Chief Justice Sewall was succeeded by Isaac Parker, 
a native of Boston. After admission to the bar, \if removed 
to Castine, and thence to Portland. He was Marslial of the 
District, member of Congress, and was appointed associate 
Justice of the Supreme Judicial Court, in 1800, and soon 
after removed to Boston. Among the first acts under his 
new appointment, was to sit, as sole judge, in the remarkable 
trial of Thomas O. Selfridge, a member of the bar, for 
manslaughter. In this trial Gore and Dexter were counsel 
for the accused. In 1814 lie was promoted to the office of 
Cliicf Justice, and continued in that station till July, 1830, 
when he died suddenly, of paralysis, at the age of sixty-three. 

Chief Justice Parker was not supposed to be a learned 
lawyer when he first took his seat on the bench ; but he 
proved to be one of the ablest judges that ever sat in this 
court. He was naturally disinclined to labor ; but he had 
a clear and powerful mind, and was capable of intense and 
rapid application. His learned and lucid judgments, pro- 
duced with wonderful facility, are the best evidence of his 
capacity. Whether his labors, or those of Chief Justice 
Parsons, in the same seat, were most useful to the common- 
wealth, is a point, on which there may be difference of 
opinion. They were both eminently useful, but were, in 
many respects, very diflerent men. They died at the same 
age, and probably Parker could not number as many hours 
of study, in his whole life, as Parsons could number days. 

Chief Justice Parker was a man of middle stature, of full 



ON PUBLIC CHARACTERS. 389 

person, and full face, light or red complexion, blue eyes, 
and very high forehead, and remarkably bald. His manners 
were very simple, and without pretension to polish. He was 
very affable, amiable, and unpretending ; and a most com- 
panionable, and agreeable associate, in private life. Perhaps 
no man excelled him in kind and friendly feelings. He 
used snuff immoderately ; it affected his voice in his latter 
years, and may have had some agency in producing his 
sudden and lamented death. For some years at the close 
of his life, he rose long before the dawn of day, and dressed, 
and took his walk of four or five miles, before breakfast, 
whatever was the season, or the state of the weather. He 
certainly lived most usefully and honorably for the public, 
and ought, therefore, to be considered to have lived usefully 
for himself He may not have thought so; for like most 
other men of his profession, however eminent, he had little 
to bequeath as the product of laborious life, but his honorable 
fame. * 

Samuel Dexter was a native of Boston, born in 1761. 
He was (like John Jay) of Huguenot descent, t on the 
maternal side, and of English, on the paternal. His father 
was an eminent merchant, and a patron of science and 

" The Chief Jastlce was a man of" the simplest habits of life. He 
happened to have taken a servant, on the very day of an evening, 
when he was to receive a club of his professional brethren. Tliis 
servant had left a family in which it was the usage to announce 
visiters, a practice unknown in the Judge's liouse. The two first 
who came, were asked, at the door, for their names, and amused 
with the Judge's new style, one of them answered, John Doe and 
Richard Roe. The servant threw open the door and announced, 
" Mr. John Doe, Mr. Richard R.oe.' The Chief Justice came 
forward with his usual good nature, and extending his hand, said, 
" Gentlemen, I have read of you, and heard of you, all my life, but 
" 1 had despaired of making a personal acquaintance." He ordered 
his servant to forego his gentility in future. 

t See page 59. 

33* 



390 FAMILIAR LETTERS 

literature. Mr. Dexter was educated at Harvard University, 
and left that seminary witli high reputation. He engaged 
in the profession of the law, and rose rapidly in the public 
estimation. He became a member of the state legislature ; 
was sent to Congress, and distinguished himself, honorably, 
in both branches. Mr. John Adams appointed him secre- 
tary of v.ar, and then secretary of the treasury, which 
latter office lie held, when Mr. Jefferson became President. 
He performed the duties of tliese two offices with great 
ability. When Jefferson came in, he withdrew from public 
employment, and resumed his profession. He continued in 
this vocation to the close of his life, which event occurred, 
(from sudden disease of the throat) while on a visit to the 
interior of the state of New York, May 4th, 1816, when 
he was in his fifty-fifth year. 

It will be observed, that Mr. Dexter had filled the various 
places, which have been mentioned, before he was forty 
years of age; and in a manner which proved, that he well 
deserved all the confidence and honor, which had been 
offered, and accepted. Associated with Mr. Adams, it 
would have been surprising, if Jefferson, Freneau, Bache, 
Duane, Callender, and other like guardians of the public 
welfare, had not noticed him. They availed themselves 
of an unfortunate accident, to aid them in their patriotic 
purpose of demolishing federal character. In the new and 
unprepared state of the city of Washington, to be the seat of 
government, a building was hired for the use of the secretary. 
The adjoining building took fire, in consequence of which 
the ofiice of the secretary, with many papers belonging to 
it, were burnt. It was an opportunity not to be lost, by 
this company of public guardians. Accordingly, Mr. Dexter 
was charged with peculation, and with the wilful burning of 
his office, books and papers, to conceal it. 

Notwithstanding Mr. Dexter's attention had been so 
much abstracted from his profession, he resumed his place 



ON PUBLIC CHARACTERS. 391 

at the bar, as though he had not been absent from it; and 
was, at once, in full practice, in all the courts which he 
chose to attend. His professional reputation was sufficiently 
high, to call him, annually, to the Supreme Court at Wash- 
ington, during the rest of his life. In this forum, he met, 
among others, William Pinckney, Robert G. Harper, Thomas 
Addis Emmet, who were glad of his aid, as an associate ; 
and who knew what was necessary, when opposed to him. 
The course of the nationrd administration, occasioned many 
highly important litigations, in this tribunal. 

It is said, that Mr. Dexter had impaired his eye-sight by 
hard study, early in manhood. This, no doubt, was consid- 
ered a misfortune, but it may not have been ; for being 
disqualified, by this occurrence, to deal with the thoughts of 
others, he was compelled to find thoughts for himself He 
may thus have acquired a facility, in that very difficult 
exercise of the mind, voluntary tliinJdng. His manhood 
may be considered to have been one long process of medita- 
tion, reluctantly interrupted by business and sleep. He had 
no relaxation, and knew nothing of what are called amuse- 
ments. He sat, and thought ; or more commonly paced his 
room ; or, at least, so it was said of him. However this 
may have been, Mr. Dexter depended very little on books, 
and less on his pen, in preparing or delivering his elaborate 
arguments. He possessed liimself of facts, and then resorted 
to his own contemplations to find the law, when the partic- 
ular case did not turn on technical distinctions. 

Mr. Dexter rarely had a brief; and never larger than a 
quarter of a sheet of letter paper, and seldom took notes, 
unless to preserve the words of a witness, or the book and 
page of an authority. His common manner of speech was 
deliberate, and his th.oughts were very clearly expressed ; 
and the effi3ct was to command attention, whether of the 
judges or the jury ; but it was only the eloquence of argu- 
ment. In general, he stood still and erect, and used no 



392 PAMILIAH LETTERS 

gesticulation, excepting occasionally his right arm was ex- 
tended. But it was much otherwise when his case called 
for strong and impassioned expression, and when he was 
excited himself. He was capable of the strongest excite- 
ment, and sometimes rose to tremendous eloquence. Some 
instances are well remembered, where his own feelings were 
strongly interested, and then, his mighty mind came forth 
in words, in tones, and manner, that can be best compre- 
hended by referring to that all-absorbing interest which is 
sometimes felt, in highly wrought scenes of the drama. Mr. 
Pinckney is said to have prepared his pathos. But these 
great efforts of Mr. Dexter could not have been prepared. 
They were the eloquence of the moment; and may have 
been as unexpected to himself, as to his audience. Like 
Garrick, he may have been surprised by the unintended 
excelling of himself 

It is not possible to point out his greatest argument. 
That which was considered to be one of the ablest he ever 
made was on the unconstitutionality of the embargo laws. 
This was delivered in the District Court of the United States. 
There was no reporter. The argument was lost except for 
the occasion. It is much to be regretted, that this exposition 
of constitutional law, from Mr. Dexter, has not been pre- 
served. It is believed, that no product of his mind, but official 
papers, professional arguments, and congressional speeches, 
(from the hands of reporters,) has been preserved, excepting 
his eulogy on Ames. Mr. Dexter was a deep thinker; and 
theology was one of the subjects which engaged his attention. 
He was a Christian ; and it was intimated, in his lifetime, 
that he intended a publication of his views ; and had begun 
to write. But since his decease, it is understood, that he 
left nothing sufficiently prepared for the press. 

He took an earnest part in the suppression of intemper- 
ance, and was one of the first, if not the first distinguished 
man, who thought it practicable. He was the first president 
of the first temperance society formed in Massachusetts, 



ON PUBLIC CHARACTERS. 393 

about the year 1813.* He had consented to deliver the first 
address, but was unable to do so, in consequence of being 
detained at Washington. 

Mr. Dexter was nearly six feet in stature, of well propor- 
tioned, muscular frame. His hair was black, loose, unpow- 
dered ; and worn rather long; it came lightly over his high, 
expansive forehead. His face was long, his complexion 
dark, his eyes large, and light blue. There are men whose 
expression of face indicates that they are mostly engaged 
with what is passing without them, while others show that 
they are occupied with what is passing iinthin them. 
Mr. Dexter was of the latter description ; though he could 
observe keenly, when it was interesting to him to do so. 
His common and usual manner was a dignified and formal 
reserve, that of one who is conscious of intellectual superi- 
ority. His personal presence indicated, tliat he was not a 
man with whom liberties could be taken, or to whom 
familiarity could be offered. Yet in private intercourse, 
and when he felt himself unrestrained, he was an agreeable 
and instructive associate ; but he did not take much interest 
in what is called " company," and .spent but little time in 
that way. Instances, however, are remembered, in which 
he gave full scope to social sympathies. He was a parish- 
ioner of the celebrated and lamented Buckminster, (who 
died June, 1812.) The distinguished men of the parish 
visited Mr. Buckminster on the evening of Sunday. (The 
same practice was observed in the time of his predecessor. 
Dr. Thacher, and of his predecessor, Dr. Cooper.) In 
these social interviews Mr. Dexter received, as well as 
imparted, pleasure. It is believed, that he was not of that 
class of men who need, or who desire, intimacies ; but was 
of the privileged few who can always be companions to 
themselves. Whether this course is, on the whole, the best, 
each one must judge for himself. 

* This is supposed to have been the first Temperance Society ever 
formed. 



394 FAMILIAR LETTERS 

During Mr. Madison's war, Mr. Dexter separated from his 
federal friends j a circumstance which they exceedingly 
regretted. It is not known, that the true causes of this 
separation have been explained. The separation x;ontin- 
ued to the close of his life. 



LETTER LXXIV. 

March 9, 1834. 

There are yet among the living, some men whom Mr. 
Jefferson included in his general denunciation, and who 
held a conspicuous rank in the first fifteen years of this cen- 
tury. It would be a grateful pleasure to speak of them as 
men, and as citizens. This would lead to a long enumera- 
tion ; too long, for the present purpose. It cannot be dis- 
respectful to others to mention some, who deserved well of 
their country, in the greatest perils, and but little less 
serious than those experienced in the revolution. Party men 
they were, because none but party men could live in the 
days of Jefferson and Madison. But this they may say, of 
themselves and their associates, and as the last act to be 
done on this side the grave, that they ever acted from purest 
motives ; that their country had no just cause to complain 
that tliey did act, but, on tl)e contrary, should be ever 
grateful to them, for their resistance of ill-advised and dan- 
gerous measures. 

Harrison Gray Otis was too young to have taken a part 
in the revolution ; but not to bear arms, when the insurrec- 
tion of 178()-7 required the services of all good citizens. 
He was too young to have been a member of the convention, 
which adopted the con.stitution ; but in 1800, he was in 
Congress, an opponent of Jeffersonism ; and was among the 
embarrassed number, who had to choose between Jefferson 



ON PUBLIC CHARACtERS. 395 

and Burr. From that time, to the close of Mr. Madison's 
war, Mr. Otis was constantly in Congress, or in one or the 
other of the legislative branches of the state ; and for many 
years, at the head of one, or the other. He was the orator 
of all popular assemblies ; the guide of popular opinion in 
all the trying scenes of commercial restrictions, embargo, 
and war. With a fine person, and commanding eloquence, 
with a clear perception, and patriotic purpose, he was the 
first among his equals, alike ready, at all times, with his 
pen and his tongue. What motive could this gentleman 
have had, to effect such purposes as Mr. Jefferson charged 
upon him and his associates 1 Disunion ? He and all ra- 
tional men knew then, as they now know, that the moment 
the union is broken, discord, anarchy, civil war, and despot- 
ism must come. They knew then, as now, that a " northern 
confederacy " could be effected only by force ; and if to be 
effected even by consent, what hope of peace and prosperity 
could there be within its limits ; or security from the hostile 
dispositions of those beyond them ! It is hardly credible, 
that even such men as Jefferson, and Madison, deluded as 
they were, could have so underrated the intelligence of north- 
ern men, as to have imputed to them such designs. If 
they knew that those imputations were false and groundless, 
there is no apology for having made them, but this : party, 
disorganizing, demoralizing, tyrannical party, holds all 
means to be lawful, which can accomplish its purpose. 

There is one man, whose name does not appear in con- 
ventions, nor much in the legislative or popular assemblies, 
but who had, when in these, as at the bar, a fervent and 
commanding eloquence. But especially, he had a powerful 
influence on public opinion, through the press. The dis- 
cussions of public measures, during these fifteen years, by 
John Lowell* were published, without his name, in pamph- 

* Son of Judge Lowell. 



396 FAMILIAR LETTERS 

lets. It is improbable, tbat distant generations will know 
(if efforts to preserve civil liberty shall be worth their notice, 
or if they are in condition to understand its worth,) how 
much they are indebted to Mr. Lowell. He fearlessly op- 
posed, in masterly reasonings, the disastrous and unprinci- 
pled policy of these fifteen years. His style and manner 
were clear, cogent, and convincing. His works were uni- 
versally read, and were invaluable, in correcting and en- 
lightening public opinion. His " Madison's War," one of 
the most elaborate of his works, was so independent of all 
personal consequences which might arise, (from the perform- 
ance of what he held to be his duty, as a true patriotic citizen 
in developing the character of national administration,) that 
his friends were inclined to dissuade hiin from publishing. 
This country is under the greatest obligation to him, for 
his manly perseverance. All the evils which he prophesied, 
were realized, short of absolute despotism; and that this 
was not, is to be ascribed only, to the better perceptions of 
the comnmnity of impending perils, in effecting which, he 
labored with eminent success.* 

Josiah Quincy was in Congress, from 1805 to 1813, and 
therefore present at the creating of commercial restrictions, 
embargo, and war. He was a fearless and eloquent oppo- 

* It is believed that the following pamphlets were written by Mr. 
Lowell, though none of them bear his name : 

1. Madison's War. 2. Tlie Boston Rebel. 3. The Road to Tcace, 
Commerce, Wealth, and Happiness. 4. An Appeal to the People on 
the Causes and Consequences of a War with Great Britain. 5. Per- 
petual War, the Policy of Mr. Madison. G. Diplomatic Policy of Mr. 
Madison unveiled. 7. Analysis of the Correspondence between our 
Administration and Great Britain and France. 8. An Essay on the 
Rights and Duties of Nations relative to Fugitives from Justice, con- 
sidered with reference to the affair of tlie Cliesapeake. These pro- 
ductions were republished in the several slates, were applauded by 
all discerning and honest men ; and obt.aiued for their author, dis- 
tinguished fame. 



ON PUBLIC CHARACTERS. 397 

nent of all those measures ; and therein faithfully repre- 
sented the feelings, wishes, and sound judgment, of his con- 
stituents. IJis speeches are among the best records of the 
character of the times. He drew up the admirable address 
of the minority of Congress. James A. Bayard, then in the 
Senate of the United States, from Delaware, examined and 
approved, with the serious responsibility which that state- 
ment of unquestionable truths involved. Mr. Q,uincy is still 
before the public, and it would not accord with his own per- 
ceptions, to speak of him but in allusion to historical events in 
former years.* Judge Ward was Mr. Quincy's successor. 

* Among the speeches preserved of Mr. Quincy,are the following : 
1806. On fortifying the ports and harbors of the United States. 
1803. On the first resolution of the committee of foreign relations. 

" On foreign relations. 

" On the resolution to raise 50,000 volunteers. 

1809. On the bill for holding an extra session of Congress. 

1810. On the resolution of Congress, approving the conduct of 
the Executive towards Francis J. Jackson, (British minister.) 

1811. On the bill to admit the territory of New Orleans, as a state, 
into the Union. 

1811. On the influence of place and patronage. 
" On the non-intercourse law. 

1812. On maritime protection. 

'' On the pay of non-commissioned officers. 
" On the relief of mercliants from penalties incurred on im- 
portations of British goods. 

1813. On raising an additional military force. 

These speeches, (among others,) will attract the notice of some future 
historian, who desires to know the true character of the times. There 
were very able men, in these days, in both branches, who did their 
duty. Though the country is deeply indebted to Mr. Quincy, he owes 
one debt to it, which he is very able, and it is to be hoped, equally will- 
ing, to pay. He must have the materials on hand, for an accurate and 
just history of the eventful tinies, in which he was a public man. He is 
already known as a historian, and the time has already come in which 
he might put forth his knowledge of men and things. 

[Cr it was intended to have described the eminent men who were 

34 



398 FAMILIAR LETTERS 

James Lloyd was a senator from Massachusetts in these 
days. He was a gentleman of liberal education, and an 
eminent merchant. He distinguished himself very honor- 
ably in the Senate, in many speeches; comprising, not only 
the intelligence of a statesman, but a practical knowledge in 
commerce, which was much more rare in the assembly which 
he addressed. Mr. Lloyd demonstrated the folly of the em- 
bargo in the clearest manner. 



LETTER LXXV. 

March 20, 1834, 

If, in attempting to show the dangers to which republics 
are liable, under the dominion of party rulers ; or if, in 
attempting to weigh the worth of Thomaf. Jefferson's evidence 
against a numerous class of his fellow-citizens, any malig- 
nant or unworthy feeling has been displayed, the writer is 
unconscious of it. Towards Mr. Jefferson, Mr. Madison, 
and their political associates, he is influenced by no vindic- 
tive, or unkind impulse. He readily admits, that the Jeffer- 
sonian party may have believed they were governed by good 
motives ; but, then, he insists, that good as their motives 
may have been, their acts were dangerous to civil liberty, 
and the effect of them ruinous to the country. The people 
did not intend, when they established their government, nor 
can any citizen who is worthy to Jive under it, desire, that 
all its powers and purposes should be perverted to the use 
and benefit of a few men, who are ingenious enough to 
obtain the control. 

in Congress at the close of Mr. Madison's war ; but this intention 
must be given up ; these pages having become unexpectedly numer- 
ous. 



ON PUBLIC CHARACTERS. 399 

It is well known from history, and from the very nature 
of man, that when such control is obtained, that is, when- 
ever rulers assume to have power for their own use and 
emolument, and not for the good of the nation, usurpation 
must follow. One usurpation introduces another. No usur- 
per (as in case of our " republican " friend Napoleon) com- 
putes from the original starting point, but always from the 
one last arrived at. Thomas Jefferson, and his selected 
friends, prescribed to themselves the patriotic labor of de- 
molishing federalism, and federalists ; then, the acquisition 
of power for themselves ; then, the most effectual means of 
keeping it; then, the most certain means of strengthening 
it, to the exclusive use of party ; and finally, the substitution 
of mere party will, for the laws and the constitution itself.* 
Iri all this "the people" were called on to rejoice and ap- 
plaud. All was done in the name oi' the pcopk and in the 
name of liberty. There is nothing new in all this. It is 
only the common course of usurpation, which naturally 
tends to self-defending despotism ; and ending in bloody 
tragedy, so often seen in the history of nations. Man is 
man's enemy ; and the only creature of the earth, who is the 
enemy of his own species. He will ever be so, until refined 
by that morality which Mr. Jefferson did not promote, and 
chastened by that relig^ion, which he attempted to discredit. 
Every rational man in the United States, of whatsoever 
party he now is, or may have been, must admit the abstract 
truth, that government, in a republic, is a guardianship in- 
stituted by the people, to prevent them from doing wrong to 
themselves, and to each other : and to secure the enjoyment 
of whatsoever good is allowed by the Creator, to human life. 



* It is well remembered, that one man, whose shoulders Mr. Madison 
adorned with epaulets, is reported to have said, that if he could be 
permitted to use a guillotine in State Street, for a single hour, be 
would efTectually silence opposition ! 



400 FAMILIAR LETTERS 

Whether this guardianship has been well or ill conducted, 
at any time, does not depend on what the selected guardians 
are pleased to say of their own acts, but upon the good or 
evil, which they have done in the exercise of their trust. 

Thus, it does not depend on presidential messages, on 
congressional speeclies, on the making of laws, on the ex- 
ecution of them, nor on the exercise of executive discretion, 
nor on the applause of venal presses, whether the trust has 
been righteously performed or not; but on the effect produced 
on those for whom that trust was undertaken. 

What GOOD can be done, when this public trust, in such a 
government as ours, is wisely and honestly executed ? It 
can protect industry, property, and personal liberty. It can 
administer equal and exact justice to all men. It can prevent 
or repel, foreign aggression. It can keep peace at home. 
It can secure to every one the right to do, or not to do, all 
things, consistently with the rules intended for the govern- 
ment of all. 

What EVIL can be done, when this trust is perversely and 
dishonestly executed ? It can corrupt the ignorant, and the 
deceived. It can call into energetic action the very worst of 
human passions, and cravings. It can hush conscience. 
It can substitute the will of a faction, for the law of the land. 
It can shackle industry, and stop the circulation of the life- 
blood of the social state. It can lay excessive burthens on 
the people, destroy life in domestic tumults, or waste the 
strength, the spirit, and the wealth of a nation, in war. It 
can palsy the hand, and close the lips, by terror. All this 
it can do, and do it in the name of the people, of liberty, and 
the constitution. 

It is not asked of those who are now alive, but of the 
posterity to which Mr. Jefferson appeals, which of these 
things were done in the days of Washington and Adams — 
which of them were done, in the days of Jefferson and 
Madison ? 



ON PUBLIC CHARACTERS. 401 

Jefferson and Madison are gone from the political " arena;" 
the one, forever from the earth ; the other still lives, and 
enjoys the respect and esteem of many of his countrymen. 
In these relations, as a man, there is no desire to disturb his 
tenure. As the ruler and trustee of the American people, 
he is accountable to them; nor only to those who now live, 
but to successive generations. May that day be a far distant 
one, when any ruler, in this land, can escape this ordeal. 
To Mr. Madison succeeded his Secretary of State, James 
Monroe ; and to him his Secretary of State, John Quincy 
Adams. 

Next came the genuine man of the people, Andrew Jack- 
son ; an illustrious warrior to be sure, nor less so, in the 
cabinet, than in the field. A man whose flatterers have 
proclaimed to have been " hor7i to command." A proposition, 
this, which he has spared no pains, and has halted at no 
legal, or constitutional obstacle, to verify. With a head and 
heart not better than Thomas Jefferson had, but freed from 
the inconvenience of that gentleman's constitutional timidity, 
and familiar with the sword, he has disclosed the real purpose 
of the American people in fighting the battles of the revo- 
lution, and in establishing a National Republic, viz.: That 

THE WILL OF AnDREW .JaCKSON, SHALL BE THE LAW AND 
ONLY LAW OF THE REPUBLIC ! 

Are the people of the United States so far gone in despo- 
tism, that they must submit; or can they in any, and in 
what way, wrest their constitution, their personal freedom, 
their honorable fame, the last hope of civil liberty, from the 
grasp of usurpers? They have a formidable adversary to 
contend with. There is the President, the Vice President, 
the cabinet proper, " the cabinet improper,"* a minority of 
the Senate, a majority of the House, (and such a majority !) 
the whole host of post-masters, mail-contractors, revenue 

* Webster's Speech at Worcester, October, 1832. 

34* 



402 FAMILIAR LETTERS 

officers, district attorneys and marshals, agents, sub-agents^ 
clerks, and dependents; in short all who are in, b}' direct, 
or circuitous executive patronage. Then there are the daring 
and flagitious presses, that speak to millions, who hear no 
voice but that which they utter. To this well-entrenched 
and strongly fortified camp, add tlie power obtained by the 
forcible seizure of the whole of the revenues of the United 
States to be applied in maintaining this terrible combination. 
But that which is astounding and ludicrous, at the same 
moment, is, that this army of patriots announce and maintain, 
that, the people knoiv, understand, and approve, of all their 
doings ! No doubt, these patriots are sincere and honest. 
No doubt, they believe that this whole country, its people, 
its institutions, the products of the "sweat of the brow," do, 
of right, belong to them. And why should they not believe 
so? Napoleon easily ascended to the like belief. And so 
did Caesar, and Anthony ; Octavius, and Lepidus. There 
is nothing new in all this. It is 7uan, acting according to 
his nature ; self-deceived, and (like the human eye) incapa- 
ble of seeing himself 

There are some encouraging indications, of late, that these 
patriots are seen of others. There is a hope, that the real 
sovereigns of the land are opening their eyes, and their ears, 
to realities. Perhaps, the day is near at hand, when the 
people can, by peaceable and lawful means, save themselves, 
and their constitution (as Mr. Jefferson said) " at its last 
gasp." Certainly it is not too late, if the people so will, to 
return, by constitutional means, to republican freedom, and 
security. 

These means are not, as in some countries, revolution and 
violence, hni peaceable election of proper officers. We are 
not, according to the Jeffersonian system, to select, canvass 
for, and place in power partisans. This loas the true 
Jeffersonian vice. True it is, that a President of the United 
States, for example, must be chosen i)y a party. But when 



ON PUBLIC CHARACTERS. 403 

he is chosen, if he prove himself to be a partisan, he has 
the germ of tyratwy in his heart. Such a one is no more 
worthy of the confidence of those who voted for him, than of 
those who voted against him. 

At this day (March 21), 1834,) there is not the least doubt 
that a large majority of the American people are disgusted 
and astonished, by the usurpations of Andrew Jackson ; 
and by the dominion whicli irresponsible individuals have 
obtained over his official will. If this majority (who are 
sound constitiitionali.^tn) were as united in their remedy, as 
they are in reprobating the wrong, the course to be pursued 
would be plain and easy. It is naturally to be expected, that 
in a republic so extensive as that of the United States, and 
in which there are eminent men, better known within the 
limits of their personal action, than they can be all over the 
Union, there will be decided preferences ; and such as may 
not be easily relinquished. But may it not be expected, 
when the whole country is in peril, and struggling to escape 
from the grasp of despotism, that all minor considerations 
will be yielded '? May it not be expected from the eminent 
men who may be considered as candidates, that they will 
prefer the security and happiness of their country, to them- 
selves? Such men, surely, will not permit disunion among 
themselves, to constitute successful strength, in their com- 
mon adversary. The condition of the country seriously 
calls on such men to make some sacrifices. The constitu- 
tionalists, no doubt, would hold the concessions of honorable 
ambition, on this occasion, as the highest proof of magna- 
nimity. 

By such devotion to the true interests of the country among 
parties, and their preferred citizens, the American people 
may entertain the hope, that the suffrages of an abused and 
indignant community will unite, in some high-minded, vir- 
tuous, and trustworthy person, who may be able to bless this 
country with an administration like that of Washington. 



404 FAMILIAR LETTERS 

They can have but one requisition to make, as the condition 
of their suffrages, that he will put Iris veto to the reign of 
parti/, and will be the President of the United States. 

To the YOUNG MEN of the country, into whose hands these 
pages may chance to come, it may not be obtrusive to offer 
a word of counsel. Youthful aspiration naturally looks to 
the offices of the republic ; and this is proper, when motives 
are pure, and intelligence competent. But if it be one's 
self only that is cared for, there are many who can say, that 
the best office one can have, is his own farm, work-shop, or 
office. Yet this ab-solves no one from the duties of a citizen. 
It is the first of political duties to be a consistent, intelli- 
gent, constitutional republican. If one has no desire for 
office, still it is his duty to hold up to rulers, that they 
will be justly but severely judged of The more one studies 
the institutions of his country, state and national, and the 
more he compares them with those of any other countries, 
ancient or modern, the more will he be convinced, that they 
deserve his best exertions to preserve, and perpetuate them. 
Every young man who is worthy of living under such glorious 
institutions, should form and maintain opinions; not such 
as spring up in the hot-bed of party excitement ; not such 
as begin and end, in getting this man in, and keeping that 
man out. But his opinions shoulJ rise on the broad and 
firm basis of constitutional right. What is it, in fact, to nine 
hundred and ninety-nine men in every thousand, who is the 
Governor of a state, or the President of the United States, 
so that he is an able, virtuous, and conscientious man, and 
disdains the influence of corrupting party? 

There is one solemn truth, which all young men who wish 
to live in pure republican government, must keep in mind, 
viz.: That every thing which the Creator has given for 
man's security, and happiness, comes with an inseparable 
condition, that he shall bestow his care upon it, to keep it 
in a proper state to impart the benefit for which it was de- 



ON PUBLIC CHARACTERS. 405 

signed. This truth is apparent to every one who considers 
his person, his heart, his mind, his worldly possessions. This 
truth is not less applicable to political government, (the very 
thing of all others most easily perverted,) with which all that 
can be called good, is necessarily connected. The duty of 
preservation and proper use is given, by election, (but not 
for their exclusive use and benefit,) to rulers. Constituents 
are faithless to themselves, and must and will suffer the con- 
sequences of perfidy, if they permit rulers to separate them- 
selves, and set up an exclusive dominion in tlmr own right. 
The continually besetting danger lies in the cupidity and 
ambition of a class of men, who understand the art of sepa- 
rating mere numbers, from intelligence and property. They 
do this by instilling into these numbers, a belief that they 
have a separate interest from all others in the community. 
This is a profitable field to cultivate, because it is manured 
with all the perversions of which human nature is capable. 
There never has been, in the world, any community, in which 
it was so entirely false, that the members of it have separate 
and distinct interests. On the contrary, no community ever 
existed, in which the welfare of each one, so entirely de- 
pended on the welfare of all. There can be nothing more 
false, flagitious, and wicked, than to inculcate that the rich 
and the poor have separate interests, as fellow-citizens. 
They must suffer and enjoy together, in measures which 
affect the whole of society. The most astute ingenuity 
cannot point out a case in which a man can use property, 
hy law, beneficially to himself, and injuriously to others. 
If he use property injuriously to others, against laio, there 
is law enough to stop him. Suppose there were no men who 
were able to build rail-roads, undertake voyages, build houses, 
carry on manufacturing, &c. ; what would become of those 
who must be employed, or starve 1 The proportion between 
laborers and employment, in this country, is, and long must 
be such, that those who have labor to exchange for wages, 



406 FAMILIAR LETTERS 

must rather have the advantage, and to a most extraordinary 
degree, compared with any otlier country on the globe. That 
which the young citizens owe it to themselves, and to their 
country to do, is, to examine rationally and dutifully into 
these popular delusions ; and not to permit interested or 
ignorant partisans to defraud them oi" their republican in- 
heritance, by exciting one class of citizens against another. 
The preservation of the Union is implied, in supporting, 
and preserving the constitution. The writer, readily ad- 
mitting to all men the same independence in matters of 
opinion, which he claims to exercise for himself, is sincerely 
convinced, that some of the best intended measures, now 
going on in the New England States, will do more towards 
breaking up the Union, than all that " anglomen, monarch- 
ists, and traitors" could have done, if all which Mr. Jefferson 
said of them were as true, as he wished to have it believed 
to be. Whatever philanthropists and Christians may say 
and feel, (and in the abstract, it is not denied that they are 
right,) there is the Constitution, and the Union, directly in 
the path. All-sufiicient as these difficulties may be to 
arrest one's progress, these reformers overlook the fact, 
that their measures can dono possible good, while they are 
Bure to effect the most serious evil — evil, which will be felt, 
by irritated reaction, on all the most precious interests of the 
East, and the North. This policy, if pursued, will inevitably 
conclude in the separation of the Union ; and then an Andrew 
Jackson may be a blessing.* 

* An anecdote is recollected, which may be in point. A clergy- 
man visited a lady who had lost her only child. The lady was a 
sincere mourner. " Sir," said she, "I can't bear it, and I won't bear 
it." " Very true, ma'am," said the clergyman, " but then, what 
are you going to do about it ? " 

Suppose societies should be formed in New England to abolish the 
monarchies of Europe, because a republic is the only proper govern- 
ment for men to live under ; and suppose Europeans should, never- 
theless, choose to live under monarchies ; " What are you going to 
do about it.''" 



ON PUBLIC CHARACTERS. 407 

As to remedies for the afflictions and degradations, which 
our republic is now suffering, it is nearly three years before 
there can be any relief in the executive department. In this 
space of time the people must suffer and mourn. But in 
affliction th'ire is wisdom; for, in affliction men consider. 
Already, the true princii)les of our institutions attract de- 
served attention. 

Our citizens are reflecting on tlieir duties to themselves, 
to each other, and to successors. Every thing is to be hoped, 
from this state of things. To the good sense of the people 
only, can we look, for the salvation of the republic. If this 
fail, the American people will have proved, what European 
theorists have always said they would, that mankind, under 
the most favorable circumstances, are incapable of self- 
government : And, that it is the ordained destiny of men, 
to waste themselves in vindiciive and bloody factions, till 
they welcome despotism as the only chance for repose.* 

* April 14, 1834. The citizens of New York have just had, it 
seems, a practical illustration of one of Mr. Jefferson's theories. 
(See pages 209-211.) Wliile it is readily admitted, that every de- 
partment of industry, the bar, diplomacy, legislation, and even the 
bench, has had ornaments of transatlantic origin, wliich are honorable 
to the country, yet, the most expansive philanthropy cannot embrace 
all the human beings which Europe tiirows forth, to the e.xtent of 
conferring on them, (almost at tlie moment of arrival,) a participation 
in political sovereignty. It is right to give to a stranger kindness 
and hospitality, as long as he is worthy of them ; but it is the excess 
of folly to allow him an equal voice in the government of the family, 
and a claim to share the inheritance, in common with its members. 
If Mr. Jefferson had done no other ill-advised act, than thus throwing 
open the avenue to citizenship, it would be enough to deprive him 
of all consideration as a far-sighted, patriotic statesman. 

The majority of the city of New York, it is said, indicates the 
majority of the state ; and this, the majority of the nation. What 
would have been the majority in that city, for years past, if Thomas 
Jefferson had not asked of Congress to repeal the law made in John 
Adams's time .' And what connexion had this matter, with the elec- 
tion of Andrew Jackson ? 



APPENDIX, 



CONTAINING 



I. John Jay^s Letter to Richard Peters on Washington's 
Farcivell Address. 

II. The Evidence 'published by James A. Bayard^s sons 
in refutation of Mr. Jefferson's calumny. 

III. Report on Embargo Petitions in the Massachusetts 
Legislature. 

IV. Address of the Minority of the House of Repre- 
sentatives of Congress on the War. 

V. Mr. Walsh on French Conscription : — Extract from 
his Work. 



35 



APPENDIX 



WASHINGTON S VALEDICTORY. 

Letter from the Hon. John Jay, to the Hon. Richard Peters. 
(copy.) 

Bedford, March QHth, 1811. 

Dear Sir, — I have received your letter of the 14th ult. and also 
the book on Plaster of Paris, which you was so obliging as to send 
me, and for which accept my thanks. 

Your letter conveyed to me tiie first and only information I have 
received, that a copy of President Washington's Valedictory Address 
has been found among the papers of General Hamilton, and in his 
hand-writing ; and that a certain gentleman had also a copy of it, in 
the same hand-writing. 

This intelligence is unpleasant and unexpected. Had the address 
been one of those official papers which, in the course of affairs, the 
Secretary of the proper department might have prepared, and the 
President have signed, these facts would have been unimportant ; but 
it was a personal act, of choice, not of ofhcial duty, and it was so 
connected with other obvious considerations as that he only could 
with propriety write it. In my opinion President Washington must 
have been sensible of this propriety, and therefore strong evidence 
would be necessary to make me believe that he violated it. Whether 
he did or did not, is a question which naturally directs our attention 
to whatever affords presumptive evidence respecting it, and leads the 
mind into a long train of correspondent reflections. I will give you 
a summary of those which have occurred to me ; not because I think 
them necessary to settle the point in question, for the sequel will 
show that they are not, but because the occasion invites me to take 
the pleasure of reviewing and bearing testimony to the merits of my 
departed friend. 

It is to be presumed from these facts that General Hamilton was 
the real, and the President only the reputed author of that address. 
Although they countenance such a presumption, yet I think its 
foundation will be found too slight and shallow, to resist that strong 
and full stream of counter evidence, which flows from the conduct 
and character of that great man ; a character not blown up into 
transient splendor by the breath of adulation, but which, being 
composed of his great and memorable deeds, stands, and will forever 
stand, a glorious monument of human excellence. 



412 APPENDIX. 

So prone, however, is " poor human nature " to dislike and depre- 
ciate the superiority of its cotemporaries, that when these facts come 
to be generally known, (and generally known they will be,) many, 
with affected regret and hesitation, will infer and hint that Washing- 
ton had less greatness of talent, and less greatness of mind, than his 
friends and admirers ascribed to him. Nor will the number of those 
be few, who, from personal or party inducements, will artfully en- 
couraoe and diligently endeavor to give currency to such imputations. 
On the other hand, there are men of candor and judgment, (and time 
will increase Ihcir number.) who, aiming only at truth, will cheerfully 
trace and follow its footsteps, and on finding, gladly embrace it. 
Urged by this laudable motive, they will attentively examine the 
history of his life ; and in it they will meet with such numerous 
proofs of his knowledge and experience of men, and things in general, 
and of our national affairs in particular, as to silence all doubts of his 
ability to conceive and express every idea in that address. A careful 
perusal of that history will convince them that the principles of 
policy which it recommends as rules for the conduct of others, are 
precisely those by which he regulated his own. 

There have been in the world but two systems or schools of policy ; 
the one founded on the great principles of wisdom and rectitude, the 
other on cunning, and its various artifices. To the first of these be- 
longed Washington, and all the other worthies of every country who 
ascended to the Temple of Honor through the Temple of Virtue. 
The doctrines, maxims, and precepts of this school have been ex- 
plained and inculcated by the ablest writers, ancient and modern. 
In all civilized countries they are known, though often neglected; 
and in free states have always been publicly commended and taught : 
they crossed the Atlanlic with our forefathers, and in our days par- 
ticularly have not only engaged the time and attention of students, 
but have been constantly and eloquently displayed by able men in 
our senates and assemblies. What reason can there be to suppose 
that Washington did not understand those subjects? If it be asked 
what these subjects comprehend or relate to, the answer is this — they 
relate to the nature and duties of man, to his propensities and pas- 
sions, his virtues and vices, his habits and prejudices, his real and 
relative wants and enjoyments, his capacities for social and national 
happiness, and the means by which, according to time, place, and 
other existing circumstances, it is in a greater or less degree to be 
procured, preserved, and increased. From a profound investigation 
of these subjects, enlightened by experience, result all that know- 
ledge and those maxims and precepts of sound policy, which enables 
legislators and rulers to manage and govern public affairs wisely and 
justly. 

By what other means than the practical use of this knowledge, 
could Washington have been able to lead and govern an army hastily 
collected from various parts, and who brought with tliem to the field 
all the license and all the habits which they had indulged at home.' 
Could he, by the force of orders and proclamations, have constrained 
them to render to him that obedience, confidence, and warm attach- 
ment, which he so soon acquired, and which, throughout all vicissi- 
tudes and distresses, continued constant and undiminished to the 
last? By what other means could he have been able to frustrate 
the designs of dark cabals, and the unceasing intrigues of envious 



APPENDIX. 413 

competitors, and the arts of the opposing enemy ? By what other 
means could he have been able in so masterly a manner to meet and 
manage all those pcrph^xing embarrassments which the revolutionary 
substitution of a new government, — which the want of that power in 
Congress which they had not, and of that promptitude which no 
deliberative body can have, — which the frequent destitution and 
constant uncertainty of essential supplies, — which the incompetency 
of individuals on whom much depended, the perfidy of others, and 
the mismanagement of many, could not fail to engender ? We 
know, and history will infjrm posterity, that, from the first of his 
military career, he had to meet and encounter, and surmount, a rapid 
succession of formidable (hfficulties, even down to the time when his 
country was enabled, by the success of their arms, to obtain the hon- 
orable peace which terminated the war. His high and appointed 
course being then finished, he disdained the intimations of lawless 
ambition to prolong it. He disbanded the army under circumstances 
which required no common degree of policy or virtue ; and with 
universal admiration and plaudits, descended, joyfully and serenely, 
into the shades of letirement. They who ascribed all this to the 
guidance and protection of Providence, do well ; but let them recol- 
lect that Providence seldom interposes in human affairs, but through 
the agency of human means. 

When at a subsequent and alarming period, the nation found that 
their affairs had gone into confusion, and that clouds portending dan- 
ger and distress were rising over them in every quarter, they insti- 
tuted under his auspices a more efficient government and unanimously 
committed the administration of it to him. Would they have done 
this without the highest confidence in his political talents and wis- 
dom ? Certainly not — no novice in navigation was ever unanimously 
called upon to take the helm or command of a ship on the point of 
running aground among the breakers. This universal confidence 
would have proved a universal mistake, had it not been justified by 
the event. The unanimous opinion entertained and declared by a 
whole people in favor of any fellow-citizen is rarely erroneous, espe- 
cially in times of alarm and calamity. 

To delineate the course, and enumerate the measures which he 
took to arrive at success, would be to write a volume. The firmness 
and policy with which he overcame the obstacles placed in his way 
by the derangement of national affairs, by the devices of domestic 
demagogues and foreign agents, as well as by the deleterious influ- 
ences of the French Revolution, need not be particularized. Our re- 
cords, and histories, and memories, render it unnecessary. It is 
sufficient to say, and it can be said with truth, that his administration 
raised the nation out of confusion into order, out of degradation and 
distress into reputation and prosperity : it found us withering ; it left 
us flourishing. 

Is it to be believed that after having thus led the nation out of a 
bewildered state, and guided them for many years from one degree 
of prosperity to another, he was not qualified, on retiring, to advise 
them how to proceed and go on ? And what but this is the object 
and the burlhen of his Valedictory Address r He was persuaded 
that, as the national welfare had been recovered and established, so 
it could only be preserved and prolonged by a continued and steady 

35* 



414 APPENDIX. 

adherpiice to tliose principles of sound policy and impartial justice, 
whicli had invariably directed his administration. 

Although the knowledge of them had been spread and scattered 
among llie people, here a little and there a little, yet, being desirous 
to mark even the last day of his public life by some act of public 
utility, he addressed and presented them to his fellow citizens in 
points of light so clear and strong as to make deep impressions on the 
public mind. Tliese last parental admonitions of this Father of his 
country were gratefully received and universally admired ; but the 
experience of ages informs us, that it is less difficult to give good 
advice than to prevail on men to follow it. 

Such, and so obvious is the force of the preceding considerations, 
as to render doubts of the President's ability to give the advice con- 
tained in the address too absurd to have many serious advocates. 
But it would not surprise me, if certain classical gentlemen, associa- 
ting the I'acts you mention with the style and fashion of the address, 
should intimate that his ability to compose it substantially in his 
mind, does not prove that he was also capable of communicating his 
advice in a paper so well written. Let these gentlemen recollect 
the classical maxim whicli they learned at school : 

" Scribendi recte, sapere est, et principium, et fons." 
They may also be referred to another classical maxim, which 
teaches us that they who well understand their subject, will be at no 
loss for words : 

" Verbaque provisiam rem non invita sequentur." 
But his ability to write well need not be proved by the application of 
maxims ; it is established by facts. 

We are told to judge of a tree by its fruit ; let us in like manner 
judge of his pen by its performances. Few men who have had so 
little leisure have written so much. His pnl/lic letters alone are 
voluminous, and public opinion lias done justice to their merits. 
Many of them have been published, and they who read tjiem will be 
convinced that at the period of the address he had not to learn how 
to write well. But it may be remarked, that the address is more 
highly finished than the letters, and so it ought to be ; that address 
was to be presented to the whole nation, and on no common occasion ; 
it was intended for the j)resent and future generations ; it was to be 
read in tliis (X)untry, and in foreign countries ; and to be criticised, 
not only by affectionate friends and impartial judges, but also by 
envious and malignant enemies. It was an address which, according 
as it should or should not correspond witli his exalted character and 
fame, wouhl either justify or impeach the prevailing opinion of his 
talents or wisdom. Who, therefbr(>, can wonder thiit he should be- 
stow more tlioughf and time, and pains, on that address, than on aletter? 
Althoufih in the habit of depending ultimately on his own judgment, 
yet no man was more solicitous to obtain and collect light on every 
question and measure on which he had to decide. He knew that 
authors, like parents, are not among the first to discover imperfec- 
tions in their olfspring, and that consideration would naturally in- 
duce him to imitate the example of those ancient and modern writers, 
(among whom were statesmen, generals, and even men of consular 
and royal dignity,) who submitted their compositions to the judg- 
ments of their friends, before they put the last hand to them. Those 



APPENDIX. 



415 



friends would make notes of whatever defects they observed in the 
draft, and of the correspondent amendments which they deemed 
proper. If they found that the arrangement would be improved, they 
would advise certain transpositions, — if the connexion between any 
of the relative parts was obscure, they would make it more apparent, — 
if a conclusion had better be left to implication than expressed, they 
would strike it out, and so nice versa, if an additional remark or 
allusion would give force or light to a sentiment or proposition, they 
would propose it, — where a sentence was too long-, they would divide 
it, — they would correct redundancies, change words less apt lor words 
more apt, &c. &c. &c. To correct a composition in this way is to 
do a friendly office, but to prepare a new one, and offer it to the 
author as a, substitute for his own, would deserve a different appel- 
lation. 

Among those to whose judgment and candor President Washing- 
ton would commit such an interesting and delicate task, where is 
the man to be found, who would have the hardihood to say to him 
in substance, though in terms ever so nice and courtly — " Sir, I have 
examined and considered your draft of an address — it will not do — it 
is really good for nothing ; but, sir, I have taken the trouble to write 
a proper one for you, and I now make you a present of it. I advise 
you to adopt it, and to pass it on the world as your own ; the cheat 
will never be discovered, for you niay depend on my secrecy. Sir, I 
have inserted in it a paragraph that will give the public a good opin- 
ion of your modesty. I will read it to you ; it is in these words." .' 

" ' In tlie discharge of this trust I will only say, that I have with 
good intentions contributed towards the organization and adminis- 
tration of the government, the best exertions of which, a very falli- 
ble judgment was capable. Not unconscious in the outset of the 
inferiority of my qualifications, experience in my own eyes, perhaps 
stilt more, in the eyes of others, has strengthened the motives to 
difhdence of myself.' " 

If it be possible to find a man among those whom he esteemed, 
capable of offering to him such a present, it is impossible to believe 
that President Washington was the man to whom such a present 
would have been acceptable. They who knew President Washing- 
ton, and his various endowments, qualifications, and virtues, know 
that (aggregately considered) they formed a. font ensemble, vs^hich has 
rarely been equalled, and perhaps never excelled. 

Thus much for presumptive evidence ; I will now turn your atten- 
tion to some that is direct. 

The history (if it may be so called) of the address is not unknown 
to me ; but as I came to the knowledge of it under imjilied confi- 
dence, I doubted, when I first received your letter, whether I ought 
to disclose it. On more mature reflection I became convinced that 
if President Washington were now alive, and informed of the facts 
in question, he would not only authorize, but also desire me to re- 
duce it to writing ; that when necessary it might be used to invali- 
date the imputations to which those facts give color. 

This consideration terminated my doubts. I do not think that a 
disclosure is necessary at this moment, but I fear such a moment 
will arrive. Whether I shall then be alive, or in capacity to give 
testimony, is so uncertain, that in order to avoid the risk of either, 
I shall now reduce it to writing, and commit it to j'our care and dis- 
cretion, " De bene esse," as tlie lawyers say. 



416 APPENDIX. 

Some time before the address appeared, Colonel (afterwards 
Genera]) Hamilton informed me that he had received a k'tter from 
President Washinifton, and with it the draft of a Farewell Address, 
which the President liad prepared, and on whicli he requested our 
opinion. lie then pro[)osed that we should fix on a day for an inter- 
view at my house on the suhject. A day was accordingly appointed, 
and on that day Colonel Hamilton attended. He observed to me in 
words to this effect, tliat after having read and examined the draft, it 
appeared to him to be susceptible of improvement ; that he thought 
the easiest and best way was to leave the draft untouched, and in its 
fair state ; and to write the wholu over, with such amendments, altera- 
tions, and corrections, as he thought were advisable, and that he had 
done so ; he tlien pioposed to read it, and we proceeded deliberately to 
discuss and consider it, paragraph by paragrapii, until the whole met 
with our nuital ap])robation. Some amendments were made during 
the interview, but none of much importance. 

Although this business had not been hastily despatched, yet, aware 
of the consequences of such a paper, I suggested the giving it a 
further critical examination ; but he declined it, saying he was 
pressed for time, and was anxious to return the draft to the President 
without delay. 

It afterwards occurred to me that a certain proposition was ex- 

firessed in terms too general and unqualified ; and I hinted it in a 
etter to the President. As the business took the course above men- 
tioned, a recurrence to the draft was unnecessary, and it was not 
read. There was this advantage in the course pursued ; the Presi- 
dent's draft remained (as delicacy required) fair and not obscured by 
interlineations, &c. By comparing it with the paper sent with it, 
he would immediately observe the particular emendations and cor- 
rections that were proposed, and would find them standing in their 
intended places. Hence he was enabled to review, and to decide on 
the whole matter, with much greater clearness and facility than if 
he had received them in separate and detached notes, and with de- 
tailed references to the pages and lines, where they were advised to 
be introduced. 

With great esteem and regard, I am, dear sir, your obedient ser- 
vant, John Jay. 
The Hon. Richard Peters Esq. 



REFUTATION OF MR. JEFFERSON's CALUMNY 
OF JA.MES A. BAYARD. 

Wilmington, Deccmher 6, 1830. 

Sir, — Our attention was first drawn to the writings of the late 
Thomas Jefferson, b}' the proceedings in the Senate of the United 
States, on the ^Sth of January last, in which a charge affecting the 
character of our father, the late James A. Bayard, was met and re- 
futed. ^ ' 



APPENDIX. 417 

In a subsequent part of the work, at page 521 of the same volume, 
there is another statement more offensive and equally groundless, 
which the duty we owe to the memory of a parent, would not suffer 
us to pass over in silence. We have, therefore, to request of your 
kindness the publication of the remarks in the Senate, together with 
the enclosed documents, which would have been sooner given to the 
public, but from the delay necessarily incident to procuring some of 
them. They relate to a transaction which forms part of the history 
of the country, and we feel confident that their publication is all that 
is requisite to protect the reputation of our father against such calum- 
nies, let the source be what it may from which they emanate. 
Respectfully, your obedient servants, 

Richard H. Bayakd. 
James A. Bayard. 

Mr. Foot's Resolution. 

The Senate resumed the consideration of the resolution, moved by 
Mr. Foot, respecting surveys of the public lands. 

Mr. Benton being entitled to the floor. 

Mr. Clayton said, that he desired the permission of the Senator 
from Missouri, (Mr. Benton,) who was entitled to the floor, to call 
the attention of two of the honorable members of this body, Mr. 
Smith of Maryland, and Mr. Livingston of Louisiana, to a passage in 
a book, which had been cited in this debate by the Senator tiom 
South Carolina, (Mr. Hayne.) as authority on another subject. He 
did not rise for the purpose of discussing the resolution itself. In the 
wide range of the debate here, the northeastern and southern sec- 
tions of the country had been arrayed against each other. He listened 
to the discussion without any intention of participating in it, while 
the state, which he had the honor in part to represent, had escaped 
unscathed by the controversy. Though favorable to the resolution, 
as a mere proposition to inquire, ho lelt but little interest in such 
contentions between the north and south ; and his only desire in 
relation to that subject, was that the warmth of the discussion might 
have no tendency to alienate one portion of the country from the 
other. But his attention had been called by a number of members 
of this House, to a passage in the same book, another part of which 
had been referred to by the Senator from South Carolina. That 
passage charged an illustrious statesman, who formerly occupied the 
seat of a Senator here, and whose memory and fame were dear to him- 
self, and to the people he represented, with atrocious corruption, 
of which he was convinced that great and good man could never 
have been guilty ; and as the witnesses referred to in the book itself, 
were present and ready to give testimony to set the charge at i"est, 
he hoped he should be pardoned for referring to the objectional passage 
in their presence. 

[He then read from the fourth volume of Jefferson's Memoirs, page 
515, (the same volume which had been brought into the Senate by 
General Hayne,) the following passage :] 

"February the ISth, 1801. Edward Livingston ^ tells me,' that 
Bayard applied to-day or last night, to General Samuel Smith, and 
represented to him the expediency of coming over to the states 
who vote for Burr ; that there was nothing in the way of appoint- 



418 APPENDIX. 

ment which he might not command, and particularly mentioned the 
Secretaryship of the Navy. Smith asked him if he was authorized 
to make the offer. He said he was authorized. Smilh told this to 
Livingston, and to W. C. Nicholas, who confirmed it to me," &c. 

He then called upon the Senators from Maryland and Louisiana, 
referred to in this passage, to disprove the statement here made. 

Mr. Smith, of Maryland, rose and said, that he had read the para- 
graph before he came here to-day, and was. therefore, aware of its 
import. He had not the most distant recollection that Mr. Bayard 
had ever made such a proposition to him. Mr. Bayard, said he, and 
myself, though politically opposed, were intimate personal friends, 
and lie was an honorable man. Of all men Mr. Bayard would have 
been the last to make such a proposition to any man ; and I am con- 
fident that he had too much resjM>ct for me, to have made it, under 
any circumstances. I never received from any man any such pro- 
position. 

Mr. Livingston of Louisiana, said, that, as to the ])recise question 
which had been put to him by the Senator i'rom Delaware, he must 
say, that having taxed his recollection, as far as it could go, on so 
remote a transaction, he had no remembrance of it. 

Washington, February 6, 1830. 

De.ir Sir. — In reply to your letter of yesterday, just received, I 
have to inform you that the report of my answer in the National In- 
telligencer, as made in the Senate, to the question put to me by Mr. 
Clayton, is in substance correct, and i am 

Your obedient servant, 
R. H. Bayard, Esq. S. Smith. 

In the year 1805, a suit was pending in the state of New York, in- 
stituted by Aaron Burr against James Cheelham for a libel. It is 
supposed to have arisen out of the Presidential election in the House 
of Representatives, February, 1801. Mr. Bayard was examined as a 
witness, in that year, on many interrogatories, the nature of which 
may be understood by the answers thereto, which (excepting the 
formal parts) were as follows : [The deposition was taken at Cheet- 
ham's motion.] " As a member of the House of Representatives I 
paid a visit of ceremony to the plaintiff on the fourth of March, in 
the year one thousand eight hundred and one, and was introduced to 
him. I had no acquaintance with him before that period. There 
was an equality of electoral votes for Mr. Jefferson and Mr. Burr, 
and the choice of one of them did, of consequence, devolve on the 
House of Representatives. The House, resolved into states, balloted 
for a President a number of times, the exact number is not at present 
in my recollection, before a choice was made. The frequency of 
balloting wiis occasioned by the preference given by the federal side 
of the House to Mr. Burr. With the exception of Mr. Huger of 
South Carolina, I recollect no federal member who did not concur in 
the general course of balloting for Mr Burr. 1 cannot name each 
member. The federal members at that time composed a majority of 
the House, though not of the states. I know of no measures but 
those of argument and persuasion which were used to secure the 
election of Mr. Burr to the Presidency. Several gentlemen of the 



APPENDIX. 419 

federal party doubted the practicability of electing Mr. Burr, and the 
policy of attempting it. Before the election came on, there were 
several meetings of the party to consider the subject. It was fre- 
quently debated, and most of the gentlemen who had adopted a de- 
cided opinion in favor of his election, employed their influence and 
address, to convince those who doubted, of the propriety of the 
measure. 1 cannot tell wliether Mr. Burr was acquainted with what 
passed at our meetings. But I neither knew nor heard of any letter 
being written to him on the subject. He never was informed, nor liave 
I reason to believe, otherwise than inference from the open profes- 
sions, and public course pursued by the federal party, that he was 
apprised tliat an attempt would be made to secure his election. Mr. 
Burr, or any person on his behalf, never did communicate to me in 
writing or otherwise, nor to any other persons of which I have any 
knowledge, that any measures had been suggested or would be pur- 
sued to secure his election. Preceding; the day of the election in. 
the course of the session, the federal members of Congress had a. 
number of general meetings, the professed and sole purpose of which 
was, to consider the propriety of giving their support to the election 
of Mr. Burr. The general sentiment of the party was strongly in 
his favor. Mr. Huger,! think, could not be brought to vote for him. 
Mr. Craik and Mr. Baer of Maryland, and myself, were those who 
acquiesced with the greatest difficulty and hesitation. 1 did not 
believe Mr. Burr could be elected, and thought it vain to make the 
attempt. But I was chiefly influenced by the current of public senti- 
ment, which I thought it neither safe nor politic to counteract. It 
was however determined by the party, without consulting Mr. Burr, 
to make the experiment, whether he could be elected. Mr. Ogden 
never was authorized nor requested by me, nor any member of the 
House, to my knowledge, to call upon Mr. Burr, and to make any 
propositions to bim of any kind or nature. I remember Mr Ogden's 
being at Washington while the election was depending. 1 spent one 
or two evenings in liis company, at Stiller's Hotel, in small parties, 
and we recalled an acquaintance of very early life, which had been 
suspended by a separation of eighteen or twenty years. 1 spent not 
a moment with Mr. Ogden in private. It was re|)orted he was an 
agent for Mr. Burr, or it was understood that he was in possession 
of declarations of Mr. Burr, that he would serve as President if 
elected. I never questioned him on the subject Although I con- 
sidered Mr. Burr, personally, better qualified to fill the office of Presi- 
dent, than Mr. Jefferson, yet for a reason above suggested, I felt no 
anxiety for his election, and I presumed if Mr Ogden came on any 
errand from Mr. Burr, or was desirous of making any disclosure 
relative to his election, he would do it without any application from 
me. But Mr. Ogden, or any other person, never did make any com- 
munication to me from Mr. Burr, nor do 1 remember having any con- 
versation with him relative to the election. I never had any com- 
munication directly or indirectly with Mr. Burr, in relation to his 
election to the Presidency. 1 was one of those who thought, from 
the beginning, that the election of Mr. Burr was not practicable. 
The sentiment was frequently and openly expressed. I remember 
it was generally said by those who wished a perseverance in the 
opposition to Mr. Jefferson, that several democratic states were more 
disposed to vote for Mr. Burr than for Mr. Jefferson; that out of 



420 APPENDIX. 

complaisance to the known intention of the party, they would vote a 
decent length of time for Mr. JeH'crson, and as soon as they could ex- 
cuse themselves by the imperious situation of affairs, would give their 
votes for Mr Burr, the man they really preferred. The states relied 
upon for this change were New York, New Jersey, Vermont, and 
Tennessee. I never, however, understood that any assurance to this 
effect, came from Mr. Burr. Early in the election it was reported 
that Mr. Edward Livingston, the representative of the city of New 
York, was the confidential agent of Mr. Burr, and that Mr. Burr had 
committed himself entirely to the discretion of Mr. Livingston, 
having agreed to adopt all his acts. I took an occasion to sound Mr. 
Livingston on the subject, and intimated that having it in my power 
to terminate the contest, I should do so, unless he could give me 
some assurance that we might calculate upon a change in the votes 
of some of the members of his party. Mr. Livingston stated that he 
felt no great concern as to the event of the election, but he disclaimed 
any agency from Mr. Burr's designing to cooperate in support of hia 
election. I did receive in the course of the winter of eighteen 
hundred and one, several letters from General Hamilton, upon the 
Bubject of the election, but the name of David A. Ogden is not men- 
tioned in any of them. The general design and effect of these letters 
was to persuade me to vote for Mr. Jefferson, and not for Mr. Burr. 
The letters contain very strong reasons, and a very earnest opinion 
against the election of Mr. Burr. I repeat that I know of no means 
used to promote the election of Mr. Burr, but persuasion. I am 
wholly ignorant of what the plaintiff was apprised of in relation to 
the election, as I had no communication with him directly or in- 
directly ; and as to the expectation of a change of votes from Mr. 
Jefferson to Mr. Burr, I never knew of a better ground for it, than 
the opinions and calculations of a number of members." 

To the interrogatory on the part of the plaintiff, the deponent 
answers : " Having yielded with Messrs. Craik and Baer, of Mary- 
land, to the strong desire of the great body of the party with whom 
we usually acted, and agreed to vote for Mr. Burr, and those gentle- 
men and myself being governed by the same views and motives, we 
pledged ourselves to each oth(>r, to pursue the same line of conduct, 
and act together. We felt that some concession was due to the 
judgment of a great majority of our political friends, who differed 
from us in opinion, but we determined that no consideration should 
make us lose sight for a moment of the necessity of a President being 
chosen. We, therefore, resolved that as soon as it was fairly ascer- 
tained that Mr. Burr could not be elected, to give our votes to Mr. 
Jefferson. General Morris, of Vermont, shortly after acceded to this 
arrangement. Tiie result of the ballot of the states had uniformly 
been eight states for Mr. Jefferson, six for Mr. Burr, and two divided. 
Mr. Jefferson wanted the vote of one state only ; those three gentle- 
men belongi'd to the divided states; I held the vote of the state of 
Delaware ; it was, therefore, in the power of either of us to terminate 
the election. Those gentlemen knowing the strong interest of my 
state to have a President, and knowing the sincerity of my deter- 
mination to make one, left it to me to fix the time vvhen the opposi- 
tion should cease, and to make terms, if any could be accomplished, 
with the friends of Mr. JefpTson. 1 took pains to disclose this state 
of things in such a manner, that it might be known to the friends of 



APPENDIX. 421 

Mr. Burr, and to those gentlemen who were believed to be most dis- 
posed to change their votes in his favor. I repeatedly stated to many 
gentlemen, with whom I was acting, that it was a vain tiling to pro- 
tract the election, as it had become manifest, that Mr. Burr would 
not assist us, and as we could do nothing without his aid. I expected 
under these circumstances if there were any latent engines at work 
in Mr. Burr's fiivor, the plan of operations would be disclosed to me ; 
but aitliougli I had the power, and threatened to terminate the elec- 
tion, I had not even an intimation from any friend of Mr. Burr, 
that it would be desirable to them to protract it. I never did dis- 
cover that Mr. Burr used the least influence to promote the object 
we had in view. And being completely persuaded that Mr. Burr 
would not cooperate with us, I determined to end the contest by 
voting for Mr. Jefferson. I publicly announced the intention which 
I designed to carry into eliect the next day. In the morning of the 
day, there was a general meeting of the party, where it was generally 
admitted, that Mr. Burr could not be elected ; but some thought it 
was better to persist in our vote, and to go without a President rather 
than to elect Mr. Jefferson. The greater number, however, wished 
the election terminated, and a President made, and in the course of 
the day the manner was settled which was afterwards adopted to end 
the business. 

Mr. Burr, probably, might have put an end sooner to the election 
by coming forward and declaring that he would not serve if chosen. 
But I have no reason to believe, and never did think, that he inter- 
fered, even to the point of personal influence, to obstruct the election 
of Mr. Jefferson, or to promote his own. 

{The following is a letter from Mr. Baijard to General Hamilton.) 

Washington, January 7, 1801. 

Dear Sir, — I have been but a few days in this city, but since my 
arrival have had the pleasure to receive the letter which you did me 
the honor to write on the 27th ult. I am fully sensible of the great 
importance of the subject to which it relates, and am therefore ex- 
tremely obliged by the information you have been so good as to com- 
municate. 

It is considered, at least in the first intance, Georgia, North Caro- 
lina, Virginia, Tennessee, Kentucky, Pennsylvania, New Jersey, 
and New York, will vote for Mr. Jefferson. It is probable that 
Maryland and Vermont will be divided. It is therefore counted, 
that upon the first ballot, it would be possible to give to Mr. Burr six 
votes. It is calculated, however, and strongly insisted by some 
gentlemen, that a persevering opposition to Mr. Jefferson would 
bring over New York, New Jersey, and Maryland. What is the 
probability relative to New York, your means enable you to form 
the most correct opinion. As to New Jersey and Maryland, it would 
depend on Mr. Lynn of the former, and Mr. Dent of the latter, state. 

I assure you, sir, there appears to be a strong inclination in a 
majority of the federal party to support Mr. Burr. The current has 
already acquired considerable force, and is manifestly increasing. 
The vote which the representation of a state enables me to give, 
would decide the question in favor of Mr. Jefferson. At present I 

3G 



422 APPENDIX. 

am by no means decided as to the object of preference. If the 
federal party should take up Mr. Burr, I ought certainly to be im- 
pressed with the most undoubting conviction before I separated my- 
self from them. I cannot however deny, that there are strong con- 
siderations which give a preference to Mr Jefferson. The subject 
admits of many and very doubtful views, and before 1 resolve on the 
part I shall take, I will await the approach of the crisis which may 
probably bring with it circumstances decisive of the event. 

The federal party meet on Friday for the purpose of forming a 
resolution as to their line of conduct. I have not the least doubt of 
their agreeing to support Burr. 

Their determination will not bind me, for though it might cost me 
a painful struggle to disappoint the views and wishes of many gen- 
tlemen, with whom I have been accustomed to act, yet the majrni- 
tude of the subject forbids the sacrifice of a strong conviction. I 
cannot answer for the coherence of my letter, as 1 have undertaken 
to write to you from the chamber of Representatives, with an atten- 
tion divided by the del)ate which occupies the House. I have not 
considered myself at liberty to show your letter to any one, though 
I think it would be serviceable, if you could trust my discretion in 
the comnmnication of it. 

I am with great consideration, 

Your very Obedient Servant, 

Jamks a. Bayard. 

To Hon. Alexander Hamilton. 

{Letter from George Baer.) 

Frederick, April 1[), 1830. 
Richard H. Bay.'Vrd, Esq. 

Sir, — In compliance with your request, I now communicate to 
you my recollections of the events of tlie Presidential election by the 
House of Representatives in 1801. There has been no period of our 
political history more misunderstood, and more grossly misrepre- 
sented. The course adopted by the federal party was one of princi- 
ple and not of faction, and I think the i)rescnt a suitable occasion 
ibr explaining the views, and motives, at least of those gentlemen, 
who, having it in their power to decide the election at any moment, 
were induced to protract it for a time, but ultimately to withdraw 
their opposition to Mr. Jefierson. 

I have no hesitation in saying that the facts staled in the deposi- 
tion of your father, the late .lames A. Bayard, so far as they came to 
my knowledge, are substantially correct ; and although nearly thirty 
years have elapsed since that eventful period, my recollection is vivid 
as to the principal circumstances, which from the part I was called 
upon to act, were dee[)ly graven on my memory. As soon as it was 
generally known that tiie two democratic candidates, Jefferson and 
lUirr, had the hiiihest and an equal number of votes, and that tlie 
election would consecpiently devolve on the House of Representatives, 
Mr. Dent, who had hitherto acted with the federal party, declared his 
intention to vote for Mr. Jefierson, in consequence of which deter- 
mination, the vote of Maryland was divided. 

It was soon ascertained that there were six individuals, the vote of 
any one of whom could, at any moment, decide the election. Tiiese 



APPENDIX. 423 

were your father, the late James A. Bayard, who held the vote of the 
state of Delaware, General Morris of Vermont, who held the divided 
vote of that state, and Mr. Craik, Mr. Thomas, Mr. Dent, and my- 
self, who held the divided vote of Maryland. Much anxiety was 
shown by the friends of Mr. Jefferson, and much ingenuity used to 
discover the line of conduct which would be pursued by them. 
Deeply impressed with the responsibility which attached to their 
peculiar situation, and conscious that the American people looked to 
them for a President, they could not rashly determine either to sur- 
render their constitutional discretion, or to disappoint the expectations 
of their feilow-citizens. 

Your father, Mr. Craik, and myself, having compared ideas upon 
the subject, and finding that we entertained the same views and 
opinions, resolved to act together, and accordingly entered into a 
solemn and mutual pledge, that we would, in tlie first instance, 
yield to the wishes of the great majority of the party with whom we 
acted, and vote for Mr. Burr ; but that no consideration should in- 
duce us to protract the contest beyond a reasonable period, for the 
purpose of ascertaining whether he could be elected. We deter- 
mined that a President should be chosen, but were willing thus far 
to defer to the opinions of our political friends, whose preference 
of Mr. Burr was founded upon a belief that he was less hostile to 
federal men and federal measures, than Mr. Jefferson. General 
Morris and Mr. Dent concurred in this arrangement. 

The views by which the federal party were governed were these : 
They held that the constitution had vested in the House of Repre- 
sentatives a high discretion, in a case like the present, to be exer- 
cised for the benefit of the nation ; and that in the execution of this 
delegated power, an honest and unbiased judgment was the measure 
of their responsibility. They were less certain of tlie hostility of 
Mr. Burr to federal policy, than of that of Mr. Jefferson, which was 
known and decided. Mr. Jefferson had identified himself with, and 
was at the head of that party in Congress, who had opposed every 
measure, deemed necessary by the federalists, for putting the country 
in a posture of defence ; such as fortifying the harbors and sea- 
ports, establishing manufactories of arms ; erecting arsenals, and 
filling them with arms and ammunition ; erecting a navy for the de- 
fence of commerce, &c. His speculative opinions were known to 
be hostile to the independence of the judiciary, to the financial sys- 
tem of the country, and to internal improvements. 

All these matters the federalists believed to be intimately blended 
with the prosperity of the nation, and they deprecated, therefore, the 
elevation of a man to the head of the government, whose hostility to 
them was open and avowed. It was feared, too, from his prejudices 
against the party which supported them, that he would dismiss all 
public officers who differed with him in sentiment, without regard to 
their qualifications, and honesty ; but on the ground 071/1/, of political 
character. The House of Representatives adopted certain resolutions 
for their government during the election, one of which was, that 
there should be no adjournment till it was decided. 

On the 11th of February, 1801, being the day appointed by law for 
counting the votes of the electoral colleges, the House of Represen- 
tatives proceeded in a body to the Senate Chamber, where the Vice 
President, in view of both Houses of Congress, opened the certifi- 



424 APPENDIX. 

cates of the electors of the different states, and as the votes were 
read the tellers on the part of each house counted, and took lists of 
them, which being compared and delivered to him, he announced to 
both Houses the state of tiie votes; which was for Tliomas Jetferson 
73 votes, for Aaron Burr 73 votes, for John Adams 65 votes, for 
Charles C. Pinckney 64 votes, for John Jay one vote ; and then de- 
clared that the greatest number, and majority of votes being equal, 
the choice had devolved on the House of Representatives. The 
members of the House then withdrew to their own chamber, and 
proceeded to ballot for a President. On the first ballot, it was found, 
that Thomas Jefferson had the votes of eight states, Aaron Burr of 
six states, and two were divided. As there were sixteen states, and 
a majority was necessary to determine the election, Mr. Jefferson 
wanted the vote of one state. Thus the result which had been anti- 
cipated was realized. 

The balloting continued throughout that day, and the following 
night, at short intervals, with the same result, the 2(ith ballot being 
taken at eight o'clock on the morning of the I2th of February. The 
balloting continued with the same result, from day to day, till the 
17th of February, without any adjournment of the House. On the 
previous day, (February IGth,) a consultation was held by the gentle- 
men I have mentioned, when, being satisfied that Mr. Burr could 
not be elected, as no change had taken place in his favor, and there 
was no evidence of any effort on the part of himself, or his personal 
friends, to procure his election, it was resolved to abandon the con- 
test. This determination was made known to the federal members 
generally, and excited some discontent among the violent of the 
party, who thought it better to go without a President than to elect 
Mr. Jefferson. A general meeting however of the federal members 
was called, and the subject explained ; when it was admitted that Mr. 
Burr could not be elected. A few individuals persisted in their 
resolution not to vote for Mr. Jefferson, but a great majority wished 
the election terminated, and a President chosen. Having also re- 
ceived assurances from a source on which we placed reliance, that 
our wishes with respect to certain points of federal policy in which 
we felt a deep interest, would be observed, in case Mr. Jefferson was 
elected, the opposition of Vermont, Delaware, and Mar3'land was 
withdrawn; and on the 3()th ballot, your father, the late James A. 
Bayard, put in a blank ballot, myself and my colleagues did the 
same, and General ftlorris absented himself. The South Carolina 
federalists also put in blank ballots. Thus terminated that memora- 
ble contest. 

Previous to and pending the election, rumors were industriously 
circulated, and letters written to dilfcrent parts of the country, 
charging the federalists with a design to prevent the election of a 
President, and to usurp the government by an act of legislative 
power. Great anxiety and apprehensions were created in the minds 
of all, and of none more than the federalists generally, who were not 
apprised of the determination of those gentlemen who held the power, 
and were resolved to terminate the contest when the proper period 
arrived. But neither these rumors, nor the excitement produced by 
them, nor the threats made by their opponents, to resist by force, 
such a measure, had the least influence on the conduct of those 
gentlemen. They knew the power which they possessed, and were 



APPENDIX. 425 

conscious of the uprightness of their views, and of the safety and 
constitutional character of the course they had adopted. I was piivy 
to all the arrangements made, and attended all the meetings of the 
federal party when consulting on the course to be pursued in rela- 
tion to the election ; and I pledge my most solenni asseveration that 
no such measure was ever for a moment contemplated by that party ; 
that no such proposition was ever made ; and that if it had been it 
would not only have been discouraged, but instantly put down by 
tliose gentlemen who possessed the power and were pledged to each 
other to elect a President before the close of the session. 
I am, respectfully, Sir, 

Your Obedient Servant, 

George Baer. 

{Letter from John Chcic Thomas.) 

Leipcrville, 4th of 5th month, 1830. 
Richard H. Bayard. 

Esteemed Friend, — I have carefully considered the contents of 
thy letter of the 16th ultimo, and can fully appreciate the object in 
view, which appears to be the vindication of the character of thy 
father, James A. Bayard, in consequence of certain " injurious impu- 
tations " affecting it, contained in the writings of Jetferson, lately 
published, in reference to his conduct in the Presidential election of 
1801. I must be excused from attempting anything like a circum- 
stantial account of the transactions of so remote a period. The 
depositions shown me by thee, which were made by thy father in 
1805, and the statement recently drawn up by George Baer (my col- 
league in Congress) of the occurrences which then happened, I be- 
lieve to be substantially correct ; and I may add, that as a federal 
member of the House of Representatives, I attended the meetings of 
the federalists, held for consultation at that deeply interesting crisis ; 
and know of no cause to doubt the sincerity of the professed object 
of the party, which was to execute the important duty devolved upon 
them by exercising a constitutional discretion for the benefit of the 
nation, according to tlie dictates of their best judgment, at the time. 
Of any project, or determination, inconsistent with these views,! 
am utterly ignorant, as I am of any fact or circumstance which ought 
in the slightest degree to lessen the high respect, which in common 
witli the American people, I have uniformly entertained for the in- 
tegrity of thy father ; as well as for his pre-eminent talents zealously 
devoted to the service of hid country. 

Jjvo. Chew Thomas. 

{Affidavit of William Jarvis.) 

I, William Jarvis, of Weatliersfield, in the county of Windsor, and 
state of Vermont, do testify and declare, that in the friendly inter- 
course which took place between the late Honorable Lewis R. Morris 
and myself, among various other topics, politics often became the 
subject of conversation. In one of those conversations the contest, 
which took place in the House of Representatives in the year 1801, 
for the election of Mr. Jefferson in preference to Mr. Burr, naming 
the late Honorable James A. Bayard of Delaware, as being one ; and 
stated that Mr. Bayard came to him, (General Morris,) and urged 

36* 



426 APPENDIX. 

him to vote in favor of Mr. Jefferson, or to absent himself when the 
ballots of the state delegations were taken. Mr. Bayard remarking 
to him, that as he (Mr. Bayard) represented a federal state, he could 
not with propriety vote for Mr. Jefferson,but as the state of Vermont 
was friendly to the election of Mr. Jefferson, no objection of the kind 
precluded him (General Morris) from giving his vote to Mr. Jeffer- 
son or from absenting himself from the poll. As the delegation of 
Vermont in Congress consisted of two members, one of whom had 
voted for Mr. Jefferson, and he (General Morris) had voted for Mr. 
Burr, the vote of the state had previously been lost, but upon the 
representations of Mr. Bayard, with whom General Morris said, he 
was on terms of the most friendly intimacy, and for whose talents he 
entertained the highest respect, and tlie most entire confidence in his 
honor and integrity, he was induced, prior to the last ballot, to 
absent himself from the House, and the other member being in favor 
of Mr. Jefferson, the vote of Vermont was accordingly given to 
him. After a lapse of ten or twelve years, I do not pretend to re- 
collect the precise language of General Morris, but I am satisfied 
that the preceding declaration contains the true and faithful sense 
of his communication to me relative to that subject. 

Wm. Jarvis. 
Weathcrsfied, April 29, 1830. 

Political History. 

{Letter from Judge Paine, of Vermont, to the editor ofJViles's Register.) 

Williamslown, (Vt.) June 1, 1830. 

Dear Sir, — Noticing in the papers of the day, the memorandum 
made by the late President Jefferson, of the communication of Mr. 
Livingston, of Louisiana, in relation to a conversation said to be held 
by the late Mr. Bayard of Delaware, with General Smith of Mary- 
land, pending the Presidential election in the House of Representa- 
tives in JHOl, [ determined immediately to communicate to you my 
knowledge of the views and sentiments of Mr. Bayard, in relation to 
that election. But from a reluctance to appear in the public prints, 
at my time of life, I changed my determination. However, by the 
advice of friends on whose judgment I rely, I now concisely com- 
nmiiicate to you my knowledge on that subject. 

And, first permit me to say, that probably I possess more know- 
ledge on the subject, as it relates to Mr. Bayard, than any person now 
living. Mr. Bayard, as is well known, was at the time the sole rep- 
resentative from Delaware, and could cast the vote of the state as he 
thought proper. The late General Morris and Matthew Lyon, were 
the representatives of the state of Vermont ; for at that time Vermont 
had but two representatives. General Morris voted for Mr. Burr, 
and Mr. Lyon for Mr. Jefferson. In consequence, the vote of Ver- 
mont was lost. At the same time I was in the Senate, and was on 
intimate and confidential terms with General Morris, and had been 
so for many years. He held conversation with me every day during 
the balloting in the House of Representatives, in relation to the busi- 
ness before them. 

General Morris was very intimate with Mr. Bayard, and in con- 



APPENDIX. 427 

BeqUence of this intimacy I became very well acquainted with the 
latter gentleman. And I do know that Mr. Bayard was much dis- 
satisfied that the balloting sliould have been so long protracted, and 
that the day before the last ballot, he declared amongst his political 
friends, it should be brought to a close the next day. He thought 
that the delay would cause a dangerous excitement in the country. 

The evening before the last ballot was taken, General Morris in- 
formed me, that he should not be in the House the next day, and in 
consequence Mr. Jefferson would be elected. He said he was induced 
to secede by the representation, and at the request of Mr. Bayard; 
who thought that he. General Morris, could secede with greater pro- 
priety than a person who was the only representative of a federal 
state, and Vermont at that time was nearly equally divided on the 
subject. So that I always considered Mr. Bayard as the means of 
Mr. Jefferson's election, and I believe he was so considered by many 
others. 

That Mr. Bayard might have sportively said to General Smith, 
what is attributed to him, is possible. And if so, General Smith 
would not probably remember it. But if such conversation was held, 
with corrupt views, for the purpose of influencing him, it is impossi- 
ble he should have forgotten it. I have no belief that Mr. Bayard 
would seriously have made what amounts to a proposition to corrupt 
another. I am, vv'ith great regard. 

Your Obedient Servant, 

Elijah Paine. 

It appears, then, from the proceedings that the first charge retailed 
in the Memoirs of Mr. Jefferson, is negatived by the testimony of 
those on whose authority it professes to be founded. It further ap- 
pears from the deposition of Mr. Bayard, in the case of Mr. Burr and 
Cheetham, that he had not even a personal acquaintance with Mr. 
Burr, previously to the 4th of M;irch, 1801. And from that of 
General Smith, in the case of Gillespie and Smith, that he, on the 
contrary, was on terms of intimacy with Colonel Burr, in correspon- 
dence with him from the beginning of the session until the termina- 
tion of the election, and had been constituted by him his proxy to 
decline any contest with Mr. Jefferson. The letter addressed to him 
by Colonel Burr for this purpose was dated the ICtli of December, 
1800, and was published in Relf 's Philadelphia Gazette of the 30th 
of December ; it was therefore a matter of notoriety. The calumny, 
therefore, involves the absurdity of an entire stranger to Colonel 
Burr, making an authorized proposition, on his behalf, to one of his 
confidential friends, who had been selected for the very purpose of 
defeating the object alleged to be in view. It is also evident from 
the whole course of Mr. Bayard, in reference to the election, estab- 
lished by his own deposition, his letter to General Hamilton, the 
statements of Messrs. Baor and Thomas, and the declarations of 
General Morris, that he had no communication whatever with Mr. 
Burr, and that the charge is an idle slander, which Mr. Jefferson 
should have been too wise to have committed to paper, and possessed 
of too much propriety of feeling to have left for posthumous publi- 
cation. 

The second charge, at page 521, of the fourth volume of the " Me- 
moirs," is as follows, under date of April 15th, 1806. 



428 APPENDIX. 

" I did not commit these tilings to writing at the time, but I do it 
now, because in a suit between him (Colonel Burr) and Cheethara, 
he has had a d(>position of Mr. JJayard taken, which seems to have 
no relation to the suit, nor to any other oijject tjian to calumniate me. 
Bayard pretends to have addressed to me, during the pending of the 
Presidential election in February, 1801, through General Smith, 
certain conditions on which my election might be obtained, and that 
General Smith, after conversing with me, gave answers for me. 
This is absolutely false. No proposition of any kind was ever made 
to me, on that occasion, by General Smith, nor any answer author- 
ized by me ; and this fact General Smith atHrms at this moment." 

The reply we give to this memorandum of Mr. Jefferson is, the 
publication of the depositions of Mr. Bayard and General Smith, in 
the case of Gillespie and Smith. The documents in this case were 
obtained from the Hon. Stephen R. Bradley, of Vermont, one of the 
connni.ssioners to take the depositions of witnesses in the cause, and 
at the time a Senator in Congress from tlie state of Vermont. 

It will be perceived that Mr. Jefferson, in his anxiety to arraign 
the statement of Mr. Bayard, has assumed the fact that his deposition 
was made in tlie case of Mr. Burr and Cheetham, and from this 
(i-roundless assumplion, drawn a conclusion, that the deposition had 
no relation to the suit, and no other object than to calumniate him. 

The unfairness and falsity of Ihis conclusion are manifest from the 
interroti-atories in the case in which the deposition was made, which 
in truth was that of Gillespie and Smith. 

The deposition of General Smith, in the same case, sworn to on 
the very day on which Mr. Jefferson's memorandum is dated, also 
shows how unwarranted is his assertion, that his denial of the facts 
stated in the deposition of Mr. Bayard is affirmed by that gentleman. 
It will be seen, on the contrary, that the deposition of Mr. Bayard 
is substantially and fully confirmed by that of General Smith. 

The charge of calumny may therefore be retorted upon Mr. Jef- 
ferson. The deposition of Mr. Bayard was made during tlie lifetime 
of all the parties connected with the matters detailed in it, and be- 
fore commissioners opposed to him in political principles, and mem- 
bers of the same party with Mr. Jefferson. The memorandum of 
Mr. Jefferson was secluded among his private papers till long after 
the death of Mr. Bayard, and left for posthumous publication, to 
tarnish his reputation, when the means of refuting it might have 
been lost. Those means however liave been preserved, and the 
object of the memorandum, as far as relates to Mr. Bayard, is, we 
believe, entirely defeated ; with wliat benefit to the reputation of Mr. 
Jefferson, is left to others to determine. 

Deposition of the Hon. James A. Bai/ard. 

(James Gillespie plaintiff, anil Abraham Smith defendant.) 

I was personally acquainted with Thomas Jefferson before he be- 
came President of the United States; the precise length of time I do 
not recollect. The acquaintance did not extend beyond the common 
salutation upon meeting, and accidental conversation upon such 
meetings. 



APPENDIX. 



429 



The electoral votes for Thoaias Jefferson and Aaron Burr, for 
President of the United States, were equal, so that the choice of one 
of them, as President, devolved on the House of Representatives. 

Messrs. Baer and Craig, members of the House of Representatives, 
from Maryland, and General Morris, a member of the House from 
Vermont, and myself, having the power to determine the votes of 
states, from similarity of views and opinions during the pendency of 
the election, made an agreement to vote togetlier. We foresaw that 
a crisis was approaching, wjiich might probubi}^ force us to separate 
in our votes from the party with whom we usually acted. We were 
determined to make a President, and the period of Mr. Adams's ad- 
ministration was rapidly approaching. 

In determining to recede from the opposition to Mr. Jefferson, it 
occurred to us, that probably, instead of being obliged to surrender at 
discretion, we might obtain terms of capitulation. The gentlemen, 
whose names I have mentioned, authorized me to declare their con- 
currence with me upon the best terms that could be procured. The 
vote of either of us was sufficient to decide the choice. With a view 
to the end mentioned, I applied to Mr. John Nicholas, a member of 
the House from Virginia, who was a particular friend of Mr. Jeffer- 
son. I stated to Mr. Nicholas, that if certain points of the future ad- 
ministration could be understood and arranged with Mr. Jefferson, 
I was to say that three states would withdraw from an opposition to 
his election. He asked nie what those points were. I answered, 
first, sir, the support of public credit ; secondly, the maintenance of 
the naval system ; and lastly, that subordinate public officers, em- 
ployed only in the execution of details, established by law, shall not 
be removed from office on the ground of their political character ; 
nor without complaint against their conduct. I explained myself, 
that I considered it not only reasonable, but necessary, that offices of 
high discretion and confidence, should be filled by men of Mr. Jef- 
ferson's choice. I exemplified by mentioning, on the one hand, the 
offices of the secretaries of state, treasury, foreign ministers, &c.; 
and on the other, the collectors of ports, &c. Mr. Nicholas answered 
me, that he considered the points as very reasonable ; that he was 
satisfied that they corresponded with the views and intentions of Mr. 
Jefferson, and knew him well. That he was acquainted with most 
of the gentlemen, who would probably be about him, and enjoying 
his confidence, in case he became President, and that if I would be 
satisfied with his assurance, he could solemnly declare it as his opin- 
ion, that Mr. Jefferson in his administration, would not depart from 
the points I had proposed. I replied to Mr. Nicholas that I had not 
the least doubt of the sincerity of his declaration, and that his opin- 
ion was perfectly correct, but that I wanted an engagement, and that 
if the points could, in any form, be understood as conceded by Mr. 
Jefferson, the election should be ended, and proposed to him to con- 
sult Mr. Jefferson. This he declined, and said he could do no more 
than give me the assurance of his own opinion as to the sentiments 
and designs of Mr. Jefferson and his friends. I told him that was 
not sufficient, that we should not surrender without better terms. 
Upon this wo separated, and I shortly after met with General Smith, 
to wlioni 1 unfolded myself in the same manner that I had done to 
Mr. Nicholas. In explaining myself to him in relation to the nature 
of the offices alluded to, I mentioned the offices of George Latimer, 



430 



APPENDIX. 



collector of the port of Philadelphia, and Allen McLane, collector of 
Wilmington. General Smith gave me the same assurances as to the 
observance by Mr. Jefferson, of the points which I had stated, which 
Mr. Nicholas had done. I told him I should not be satisfied, nor 
agree to yield, till I had the assurance from Mr. Jefferson himself; 
but that if he would consult Mr. Jefferson, and bring the assurance 
from him, the election should be ended. The General made no 
difficulty in consulting Mr. Jefferson, and proposed giving me hia 
answer the next morning. The next day upon our meeting, General 
Smith informed me he had seen Mr. Jefferson, and stated to him the 
points mentioned, and was authorized by him to say, that they cor- 
responded with his views and intentions, and that we might confide 
in him according!}'. The opposition of Vermont, Maryland, and 
Delaware, was immediately withdrawn, and Mr. Jefferson was made 
President by the votes of ten states. 

I was introduced to Mr. J3urr, the day of Mr. Jefferson's inaugura- 
tion as President. I had no accjuaintance with him before, and very 
little afterwards, till the last winter of his Vice Presidency, when I 
became a member of the Senate of the United States. 

I do not know, nor did I ever believe, from any information I re- 
ceived, that Mr. Burr entered into any negotiation, or agreement, 
with any member of either party, in relation to the Presidential elec- 
tion, which depended before tlie House of Representatives. 

Upon the subject of this interrogatory, I can express only a loose 
opinion, founded upon the conjectures at the time, of what could be 
effected by Mr. Burr, by mortgaging the patronage of the executive. 
I can only say, generally, that 1 did believe, at the time, that he had 
the means of making himself President. But this oi)inion has no 
other ground than conjecture, derived from a knowledii'e of means 
which existed ; and, ii' applied, their probable operation on individ- 
ual characters. In answer to the last jiart of the interrogatory, de- 
ponet says, I know of nothing of which Mr. Burr was apprised, 
which related to the election. 

(Signed) J. A. Bayard, fVashington. 

Deposition of the Hon. Samuel Smith, 

(Senator of the United Slates, in a cause depending in the Supreme Court of tlie 
state of New York, between Gillespie and Smith.) 

I know Thomas Jefferson some years previous to 1800"; the precise 
time, wjien a(;(]uaintance comnKMiced, 1 do not recollect. 

I was a member of the House of Representatives of the United 
States in 1800 and 180J, and knew that Thomas Jefferson and Aaron 
Burr had an equal numJDer of the votes given by the electors of Presi- 
dent and Vice President of the United States. 

Presuming that this cpiestion may have reference to conversations 
(for I know of no bargains or agreements) which took place at the 
time of the balloting, I will relate those which I well recollect to have 
had with three gentlemen, separately, of the ii;deral party. On the 
Wednesday preceding the termination of the election. Colonel Josiah 
Parker asked a conversation with me, in private. He said that many 
gentlemen were desirous of putting an end to the election ; that they 
only wanted to know what would be the conduct of Mr. Jefferson in 



APPENDIX. 431 

case he should be elected President, particularly as it related to the 
public debt, to commerce, and the navy. 1 had heard Mr. JefFerson 
converse on all those subjects lately, and informed him, what I under- 
stood were the opinions of that gentleman. I lived in the house with 
Mr. Jefferson, and that I might be certain that what I had said was 
correct, I souo-ht, and had a conversation that evening on those points ; 
and I presume, though I do not exactly recollect, that I communi- 
cated to him the conversation which 1 had had with Colonel Parker. 
The next day General Dayton, (a Senator,) after some jesting con- 
versation, asked me to converse with him in private. We retired ; 
he said, that he, with some other gentlemen, wished to have a ter- 
mination put to the pending election, but he wished to know what were 
tlie opinions or conversations of Mr. Jefferson, respecting the navy, 
commerce, and the public debt. In answer, I said, that I had 
last night had conversation with Mr. Jefferson, on all those subjects. 
That he had told me that any opinion he should give, at this time, 
might be attributed to impropei' motives. That to me he had no 
hesitation in saying, that as to the public debt, he had been averse to 
the manner of funding it, but that he did not believe there was any 
man who respected his character, who would or could think of injur- 
ing its credit at this time. That, on conmierce, he thought that a 
correct idea of his opinions, on that subject, might be derived from 
his writings ; and particularly from his conduct while he was minister 
at Paris, when he thought he had evinced his attention to the com- 
mercial interest of his country. That he had not changed opinion, 
and still did consider the prosperity of our commerce as essential to 
tlie true interest of the nation. That, on the navy, he had fully ex- 
pressed his opinion in his Notes on Virginia; that he adhered still to 
his ideas then given. That he believed our growing commerce 
would call for protection ; that he had been averse to a too rapid in- 
crease of our navy ; that he believed, that a navy must naturally grow 
out of our commerce, but thought prudence would advise its increase 
to progress with the increase of the nation, and that in this way he 
was friendly to the establishment. (General Dayton appeared pleased 
with the conversation, and (I think) said, that if this conversation 
had taken place earlier, much trouble might have been saved, or 
words to that effect. 

At the funeral of Mr. Jones of Georgia. I walked with Mr Bayard, 
of Delaware. The approaching election became the subject of con- 
versation. I recollect no part of that conversation, except his saying 
that he thought that an half hour's conversation between us might 
settle the business. That idea was not again repeated. On the day 
after 1 had held the conversation with General Dayton, I was asked 
by Mr. Bayard to go into the committee room. He then stated that 
he had it in his power (and was so disposed) to terminate the election, 
but he wished information as to Mr. Jeiferson's opinions on certain 
subjects, and mentioned (I thinU) the same three points already 
alluded to, as asked by Colonel Parker and General Dayton, and re- 
ceived from me the same answer in substance (if not in words) that 
I had given to General Dayton. He added a fourth, to wit; what 
would be Mr. Jefferson's conduct as to the public officers .' He said 
lie did not mean confidential officers, but, by way of elucidating his 
question, he added, such as Mr. Latimer of Philadelphia, and Mr. 
McLane of Delaware. I answered that I never had heard Mr. Jef- 



432 APPENDIX. 

ferson say any thing on that subject. He requested that I would 
inquire and inform him the next daj'. I did so. And the next day 
(Saturday) told him, that Mr. Jeflferson had said that he did not think 
that such olhcers ought to be dismissed on political grounds onltj^ 
except in cases ichcre they had made improper use of their offices, to 
force the officers under them to vote contrary to their judgment. That 
as to Mr. McLane he had already been spoken to in his behalf l)y 
Major Eccleston, and from the character given by that gentleman, 
he considered him a meritorious officer, of course, that he would not 
be displaced, or ought not to be displaced. 1 further added, that Mr. 
Bayard might rest assured (or words to that effect, ) that Mr. Jefter- 
eon would conduct as to those points agreeably to the opinions I had 
stated as his. Mr. Bayard then said, we will give the vote on Mon- 
day, and we separated. Early in the election, my colleague, Mr. 
Baer, told me that we should have a President ; that they would not 
get up without electing one or the other gentleman. Mr. Baer had 
voted against Mr. Jefferson, until the final vote, when 1 believe he 
withdrew, or voted blank, but do not perfectly recollect. 

I became acquainted with Colonel Burr some time in the revolu- 
tionary war. 

1 know of no agreement or bargain, in the years 1800 or 1801, with 
any person or persons, whatsoever respecting the office of President, 
in behalf of Aaron Burr, nor have I any reason to believe that any 
euch existed. 

I received a letter from Colonel Burr, dated, 1 believe, IGth Decem- 
ber, 1800, in reply to one which I had just before written him. The 
letter of Colonel Burr is as follows : 

" It is highly improbable that I shall have an equal number of votes 
with Mr. Jefferson ; but if such should be the result, every man who 
knows me, ought to know, that I would utterly disclaim all com- 
petition. Be assured that the federal party can entertain no wish 
for such an exchange. As to my friends, they would dishonor my 
views, and insult my feelings, by a suspicion, that 1 would submit 
to be instrumental in counteracting the wishes and the expectations 
of the people of the United States. And I now constitute you my 
proxv to declare these sentiments, if the occasion shall require." 

I have not now that letter by me, nor any other lettt-r from him, 
to refer to; the preceding is taken from a printed copy which cor- 
responds with my recollection, and which I believe to be correct. 
My correspondence with him continued till the close of the election. 
In none of his letters to me, or to any other person, that I saw, was 
there any tiling that contradicted the sentiments contained in that 
letter. 

(Signed) S. Smith. 

Mr. Adams having appointed Mr. Bayard minister to France, Mr. 
Bayard declined the appointment by the following letter. 

Washington, February 19, 1801. 

Sir, — I beg you to accept my thanks for the honor conferred on 
me, by the nomination as minister to the French Republic. Under 
most circumstances I should have been extremely gratified with 
such an opportunity of rendering myself serviceable to the country. 
But the delicate situation in which the late Presidential election has 



APPENDIX. 433 

placed me, forbids my exposing myself to the suspicion of having 
adopted, from impure motives, the line of conduct which I pursued. 
Representing the smallest state in the Union, without resources 
which could furnish the means of self-protection, I was compelled by 
the obligation of a sacred duty, so to act, as not to hazard the consti- 
tution upon which the political existence of the state depends. 

The service which I should have to render, by accepting the ap- 
pointment, would be under the administration of Mr. Jefferson, and 
having been in the number of those who withdrew themselves from 
the opposition to his election, it is impossible for me to take an office, 
the tenure of which would be at his pleasure. 

You will, therefore, pardon me, sir, for begging you to accept my 
resignation of the appointment. 

I have the honor to be, with perfect consideration. 

Your very Obedient Servant, 

James A. Bayard. 

Tlie President of the United States. 

The following " extract" is from a letter written three days after- 
wards, to a near relation, one of the earliest and most intimate friends 
of Mr. Bayard. Those who knew him personally, will recognise his 
character in its sentiments. It contains the principles which govern- 
ed his political course and ambition then, and through the rest of his 
life. Tlie same which induced him to accept the mission to Ghent, 
and when peace was concluded, to refuse that to St. Petersburgh. 

{Extract.) 

Washington, February 22, 1801. 

You are right in your conjecture as to the office offered me. I 
have since been nominated minister to France ; concurred in, nem, 
con. ; commissioned and resigned. Under proper circumstances, the 
acceptance would have been complete gratification ; but under the 
existing circumstances, I thought the resignation most honorable. 
To have taken eighteen thousand dollars out of the public treasury, 
with a knowledge that no service could be rendered by me, as the 
French government would have waited for a man who represented 
the existing feelings and views of this government, would have been 
disgraceful. 

Another consideration of great weight, arose from the part I took 
in the Presidential election. As I had given the turn to the election, 
it was impossible for me to accept an office, which would be held on 
the tenure of Mr. Jefferson's pleasure. My ambition shall never be 
gratified at the expense of a suspicion. 

I shall never lose sight of the motto of the great original of our 
name. (Signed) J. A. B. 

In conclusion we have only further to remark, that our publication 
has been one of defence ; nor have we wandered from the charges 
relating to the character of our father, for the purpose of commenting 
upon the opinions of Mr. Jefferson, or investigating the numerous 
charges contained in his " Memoirs " against the federal party, or 
the individuals who acted among its leading members, or the states 
in which it maintained a majority during his administration. These, 
37 



434 APPENDIX, 

together with the general views of Mr. Jefferson on religion and 
government, and his character as a philosopher, statesman, or man, 
will be more impartially considered at a later day ; more fairly 
weighed, and truly estimated, when those whose feelings are in any 
way connected with the contest, in which he was so prominent, are 
not to be the arbiters. 

His most devoted friends cannot but regret, that the enlightened 
judgment and benevolent feelings, which, in his letter to Mr. Adams 
of June 23, 1813, dictated the sentiment that he should " see with 
reluctance tlie passions of that day lekindled in this, while so many of 
the actors are living, and all are too near the scene, not to participate 
in sympathies with them ; " did not look beyond the duration of his 
own hfe, and restrain the publication of much that is contained in 
the " Memoirs," which, whether with reference to his own fame, or 
with a proper regard for the opinions, sentiments, and characters, of 
others, sound discretion alone would certainly have prevented. 

(Signed) RICHARD H. BAYARD, 

JAMES A BAYARD. 

(Remarks of the antlior on the aforegoing evidence.) 

[Is one to suppose that Mr. Jefferson was so truly mean, as to have 
intentionally misrepresented the facts, to uphold his own reputation, 
and to dishonor the fame of Mr. Bayard ? Was it, also, his intention, 
that the wrong done by him, should come forth, when the refutation 
should have gone witli the memories, whence only it could come ? 
Did he mean, too, tliat his certificate of truth, and the certainty of 
the press, should furnish materials for history, knowing that they 
were false .' Little as the sifting of Mr. Jefferson's worth inspires 
respect, one is not inclined to charge him with such base criminality. 
It is more probable, (as there has been occasion before to remark,) 
that Mr. Jefferson was one of those unfortuate men who had no per- 
ception of moral propriety ; nor any sense of the high and honorable 
motives which govern gentlemen. There may be some allowance, 
too, for one, who through all his manhood was enveloped in parly 
mysteries, and who seeins to have considered any act right, which 
would acconj|)lish his purpose. It may well be doubted whether Mr. 
Jefferson could, if he would, di.stinguish between right and wrong 
in ethical philosophy, where his own interest, or that of his party, 
was involved. He seems to have chosen for himself the uneasy 
embarrassment of being always en masque, than which nothing can 
be more irksome, at any time, to an ingenuous mind. 

The facts stated by Mr. Bayard and Gen. Smith, (the latter Mr. Jef- 
ferson's personal and political friend,) in flat contradiction to his own 
deliberate and repeated declarations, have an important bearing in 
another respect. Here is a case in which Mr. Jefferson's veracity is 
tested. Then suppose that the like test could be applied to all "the 
statements of tales borne to him by Beckley and others, and even to 
his own declar.Ttions of the words imputed to Hnmilton, Adams, 
Cabot, Dexter, William Smith, Harper, and many others, is it most 
probable that they would have been found to have uttered such 
words, or that Mr. Jefferson brlievcd they did ? What is the senti- 
ment which fills one's mind in thus examininir the imtrtk of the illus- 
trious Thomas Jefferson ? Is it one of mingled contempt and indig- 
nation, or of sorrow and compassion i 



APPENDIX. 435 

The men whom Mr. Jefierson desired to make odious, will live in 
the respect and jrratitude of his countrymen, when he, if remem- 
bered at all, will be so, only in contrast with them; and because his 
life was devoted to pull down and destroy the monuments of virtue 
and wisdom, which they gave their lives to build up and preserve.] 



EXTRACT FROM A REPORT OF THE LEGISLATURE OF MASSA- 
CHUSETTS ON THE PETITIONS RELATING TO THE EMBARGO, 

IN 1809. 

Even if the constitutionality and justice of these measures had 
been less questionable, it is impossible to believe that they would 
have been so long persevered in, if the government of the United 
States had been early and truly informed of their ruinous operation 
on the commercial states, and the universal disalFection they excited 
among tlie people. 

They will acknowledge with cheerfulness and gratitude, any 
efforts of their brethren of the South, against a common enemy; but 
most certainly, expectations of this kind were not among their 
strongest inducements to desire a union of all the states. It had long 
been a prevailing opinion, confirmed by the experience of the revo- 
lutionary war, that in times of great peril the remote parts of our 
country would require aid from this quarter, instead of being able to 
afford any to it. We shall readily comply with the terms of this com- 
pact, and fulfil all the stipulations incumbent on us ; and we have a 
right to expect at the same time, from the other members of the 
Union, a constant respect for those rights, which we never surren- 
dered ; and attention to those interests, which the national govern- 
ment was instituted to extend and preserve, not to destroy. 

The people of this state liave been most severely disappointed in 
this expectation. The commerce of the country has furnished almost 
the whol6 revenue of the United States ; has given vigor and energy 
to the government ; has encouraged universal industry, and rewarded 
with plenty every description of people. While this commerce was 
thus productive to an unexampled extent, a portion of the general 
profit should have been applied to preparations for its permanent pro- 
tection ; and when it was unjustly assailed, the whole power of the na- 
tion should have been exerted for its defence. The people recollected 
t.he glorious example of a former administration in 1798, and they 
have seen the present administration reserving all their strength, and 
all their energies, to be employed in the annihilation of that commerce 
which they ought to protect. By a timid and unwarrantable com- 
pliance with the v./ishes of a foreign power, we are suddenly excluded 
from the ocean ; our trade is destroyed ; our industry paralyzed ; and 
poverty and ruin are rapidly overspreading our land. Contemplating 
this state of things, and recollecting their views and objects at the 
time of adopting the constitution, the people do not require any 
further argument to convince them, that the primary objects of that 
compact are now neglected ; that their most important interests are 
vvautonlv sacrificed, and their most essential rights flagrantly violated. 



436 APPENDIX. 

As to the second subject of these petitions, the danger of an un- 
necessary and ruinous war with one nation, and a destructive alli- 
ance with another ; tlie committee, with the most painful emotions, 
have perceived but too much ground for this apprehension. 

Even if this measure is not seriously intended by our government, 
yet the course of policy pursued by them, must, if persisted in, soon 
terminate in such a war. 

Whatever impressions may have been felt as to the conduct of 
Great Britain, every man will now perceive that the aggressions of 
France have been uniformly first in order of time, and most injurious 
in their nature. The gross injustice of her decree of November, 
IdOG, was aggravated by the consideration that we had at that time a 
commercial treaty with her; while with great Britain, in the follow- 
ing )'ear, when her retaliatory orders were passed, we not only had 
no treaty, but had just refused to ratify one made by our own minis- 
ters ; and therefore had no right to expect from the latter any peculiar 
respect to neutral claims which we neglected to vindicate against 
the encroachments of her enemy. Every man who values the wel- 
fare of his country, and the honor of its government, must regret that 
the first outrage was not resisted in a manner becoming a great and 
powerful nation. 

The committee cannot dismiss this subject without observing, that 
from the known spirit and patriotism of the people of this state, they 
will undoubtedly be always ready with their lives and fortunes to 
defend the country in any just and necessary war ; but they will 
require of their rulers to show them that the war is just and necessary ; 
and from the partial disclosure made by the government, of their 
negotiations with these two nations, the public, we apprehend, are 
by no means satisfied that a liberal and impartial policy, and a sincere 
disposition, on our part, to conciliate, would not at once prevent the 
necessity of a war with Great Britain, and secure to us from that 
nation the entire respect that is due to all our just rights. 

The people of this Commonwealth, in establishing their constitu- 
tion, have seen fit to declare and set forth certain natural rights of a 
free citizen, and certain fundamental princij)les of a free government. 
It is painful to observe how many of these principles are violated or 
disregarded by the act under consideration. 

It is declared in the lOtli article of the declaration of rights, that 
" Each individual of the society has a right to be protected by it in 
the enjoyment of his life, liberty, and property, according to standing 
laws." By the second section of this act of Congress, no vessel can 
be laden without the special permission of tlie collector, wliich that 
collector is autlK^rized to grant or refuse at his discretion. And even 
when from his knowledge of character and circumstances he may 
think it safe and proper to grant such permission, he is prohibited 
from doing so, if the President of the United States shall have given 
instructions to the contrary. By the third section of tlie same act, 
owners of vessels already are required to give bonds in six times the 
value of tlie vessel and cargo, or to unlade the vessels ; and even 
when the owner, in compliance with this unjust regulation, has pro- 
cured and offered the bond required, the collector may refuse to re- 
ceive it, and by his own arbitrary mandate compel the unlading of 
the cargo. Thus the laws which regulate the use and enjoyment of 
our property, instead of being standing and permanent, may be as 



APPENDIX. 437 

mutable and uncertain as the whim of an executive officer can render 
them. What is allowable on one day may be unlawful on the next, 
and what is permitted to one citizen, may, under circumstances pre- 
cisely similar, be refused to another. Means and temptations will be 
presented to tlie officers of g-overnment for indulging the asperity of 
political hatred, and the rancor of personal resentments, and a petty 
tyrant may be raised in almost every town, to whose caprice or 
malevolence our most important rights may be subjected. 

By the 11th article of our declaration of riglrts it is declared'' that 
every subject of the Commonwealth ought to find a certain remedy 
by having recourse to the laws, for all injuries or wrongs which he 
may receive in his person, property, or character." But by the 10th 
section of this late act, when any officer is sued on account of his 
proceedings under it, instead of relying on the laws, he may produce 
the instructions and regulations of the President for his justification 
and defence. Thus the remedy of the injured citizen may depend, 
not on public laws, but on secret executive instructions ; which may 
never have been known to the party aggrieved, till the moment when 
they are thus produced to defeat his constitutional remedy. 

The constitution of the United States, as well as that of this state, 
expressly prohibits unreasonable searches and seizures of the persons, 
houses, and effi?cts, of the citizen. Yet by the Uth section of this act, 
every collector is authorized, in the broadest terms, to seize any 
property, not only when in carts or other carriages, but when in any 
manner, apparently on its way, towards the territories of a foreign 
nation, or the vicinity tiiereof ; and he may detain it until bond is 
given, the amount of which is not limited by the act, and of course is 
left to the arbitrary discretion of the officer. It is obvious that the 
terms of this section do not confine the collector to a seizure in cases 
only when the goods are in actual motion towards the suspected 
place. Of course there is no limitation to this tremendous power; 
and he may seize effi'cts in any dwelling-house in which they may 
have been deposited, if he choose to suspect any ulterior destination, 
and so, to conclude that they are in that manner apparently on their 
way towards a foreign country. This provision in both the consti- 
tutions referred to, evidently contemplates the necessity of a warrant 
to authorize these searches and seizures ; which is to be issued by a 
civil mao'istrate, upon probable cause supported by oath. But under 
this section, the collector is made the only judge ; no oath, no civil 
process, no formalities, are required. His only warrant is his own 
despotic will ; and this may be executed, not by a peace officer of the 
government, but by a file of soldiers from the standing army. 

But the amount, for which the citizen is required to give bonds 
with sureties by many different sections of this act, is most manifestly 
a violation of the spirit and principles of these constitutional pro- 
visions. The smallest sum mentioned is six times the value of the 
goods, and in a case before alluded to, there is no limitation whatever; 
and a collector may demand sureties to any auiount to which his 
arbitrary will deems fit. It should be observed too, that in these 
cases the party is not charged with a previous offiuice, or even with 
intention to commit any ; but all this security is deemed a necessary 
precaution against future possible offences by the most peaceable and 
orderly of our citizens. 

37* 



438 APPENDIX. 

In tlie lOth section of this act it is pretended to furnish a remedy 
for any unjust proceedings of the collectors. The party aggrieved is 
not indulged with a trial by jury, hut must apply to a single judge of 
the United States courts. If the judge should consider a seizure as 
altogether unnecessary and unjust, he cannot restore the property 
without receiving such bond as the act prescribes to be taken by the 
collector in the same case ; in vi'hich event the aggrieved party will 
have obtained no redress whatever ; and if the judge should other- 
wise determine, the complainant is liable to treble costs. 

The committee v^'ill notice only one other part of this act which 
appears to be as dangerous to the public peace as it is injurious to 
public liberty. By the 11th section, tlie President, or any person 
empowered by him, may employ any part of the land or naval forces, 
or militia, to enforce the execution of the embargo laws, and to pre- 
vent and suppress all opposition to them. Without commenting on 
the loose and indefinite description of the objects to which this military 
force is to be applied, the committee would remark, that almost every 
power given to the collectors may be enforced at the point of the 
bayonet; excluding the aid and the interfereJKce of the laws and 
magistrates of the country. The military power will no longer, in 
the language of our constitution, "be in subordination to the civil 
authority." And we are liable at any moment, by the indiscretion of 
a petty executive oflicer,to be subjected to a military despotism, or to 
be involved in all the horrors of civil warfare. 

Any forcible resistance, therefore, by individuals to the execution 
of this act of Congress, is not only unnecessary, but would be highly 
inexpedient and improper ; it would endanger the public peace and 
tranquillity, and tend essentially to injure and put at hazard that 
cause, on which nearly the whole people are now so zealously united. 
The committee are deeply sensible of that accumulated distress which 
has so long oppressed the whole community, and bears with peculiar 
aggravation on some particular parts of it. They cannot too highly 
applaud the unexampled patience and forbearance which has been 
already exhibited under this pressure of undeserved calamities. And 
tliey would earnestly recommend the exercise of the same forbear- 
ance, until all those peaceable and orderly means which the consti- 
tution and laws of our country will permit, and all those political ex- 
pedients, which our habits and usages can suggest, shall have been 
exhausted in vain. 

It is to be regretted tliat no immediate and efficacious remedy can 
now be proposed for t!ie>-'e numerous and aggravated evils. The 
committee liovvever consider it their duty to recommend without loss 
of time; all such measures, as have appeared to them to be now prac- 
ticable, and calculated to remove or alleviate the public distress ; they 
therefore ask leave to 

Report in part, a bill to secure the people of this Commonwealth 
against iinreasonable, arbitrary, and unconstitutional searches in their 
dwelling-houses. 

And also the following resolutions. 

Rcsnlrr.d, Tiiat the act of the Congressof the United States, passed 
on the ninth day of January, in the present year, for enforcing the 
act laying an embargo, and the several acts supplementary thereto, 
arc, in the ojiinion of the Legishiture, in many respects, unjust, oppres- 
sive, and unconstitutional, and not legally binding on the citizens of 



APPENDIX. 439 

tliis state. But notwlthstandino- this opinion, in order finally to secure 
a certain and permanent relief, it is earnestly recommended to all 
parties aggrieved by the operation of this act, to abstain from forcible 
resistance and to apply for their remedy in a peaceable manner to the 
laws of the Coinmonwcalth. 

RcsoIv<d, That a suitable remonstrance be prepared and immediately 
forwarded to the Congress of the United States, from this Legislature, 
expressing their opinions and feelings on the several subjects of com- 
plaint contained in the said petitions, and particularly urging the 
repeal of the said act of Congress passed on the ninth of January last. 

Resolved, Tliat the Legislature of this Commonweahh will zeal- 
ously cooperate with any of the other states, in all legal and consti- 
tutional measures, for procuring such amendments to the constitu- 
tion of the United States, as shall be judged necessary to obtain pro- 
tection and defence for commerce, and to give to the commercial 
states their fair and just consideration in the government of the 
Union ; and for offering permanent security, as well as present relief, 
from the oppressive measures under which they now suffer. 



The ttndersioned, Memhers of the House of Representatives of the 
United States, to their respective Constituents. June, 1812. 

A Republic has for its basis the capacity and right of the people 
to govern themselves. A main principle of a representative repub- 
lic is the responsibility of the representatives to their constituents. 
Freedom and publicity of debate are essential to the preservation of 
such forms of government. Every ai'bitrary abridgment of the right 
of speech in representatives, is a direct infringement of the liberty 
of the people ; every unnecessary concealment of their pioceedino-s 
an approximation towards tyianny. When, by sj'stematic rules, a 
majority takes to itself the right, at its pleasure, of limiting speech, 
or denying it altogether; when secret sessions multiply; and in 
proportion to the importance of questions, is the studious conceal- 
ment of debate, a people may be assured, that, such practices con- 
tinuing, their freedom is but short-lived. 

Reflections, such as these, have ben forced upon the attention of 
the undersigned, members of the House of Representatives of the 
United States, by the events of the present session of Congress. 
They have witnessed a principle, adopted as the law of the House, 
by which, under a novel application of the previous question, a power 
is assumed by the majority to deny tiic privilege of speech, at any 
stage, and under any circumstances of debate. And recently, by an 
unprecedented assumption, the right to give reasons for an original 
motion has been made to depend upon the will of the majority. 

Principles more hostile than these to the existence of representa- 
tive liberty cannot easily be conceived. It is not, however, on these 
accounts, weighty as they are, that the undersigned have undertaken 

* Written by Josiah Quincy, now President of Harvard University. 



440 APPENDIX. 

this address. A subject of liii^lier and more immediate importance 
impels tiiem to the present duty. 

The momentous question of war, with Great Britain, is decided. 
On this topic, so vital to your interests, tiie right of public debate, in 
the face of the world, and especially of their constituents, has been 
denied to your representatives. They have been called into secret 
session, on this most interesting of all your public relations, although 
the circumstances of the time and of the nation afforded no one rea- 
son for secrecy, unless it be found in the apprehension of the effect 
of public debate on public opinion ; or of public opinion on the re- 
sult of the vote. 

Except the message of the President of the United States, which 
is now before the public, nothing confidential was communicated. 
That message contained no fact, not previously known. No one rea- 
son for war was intimated, but such as was of a nature public and 
notorious. The intention to wage war and invade Canada had been 
long since openly avowed. The object of hostile menace had been 
ostentatiously announced. The inadequacy of both our army and 
navy for successful invasion, and the insufficiency of the fortifica- 
tions for the S9curity of our seaboard, were, every where, known. 
Yet the doors of Congress were shut upon the people. They have 
been carefully kept in ignorance of the progress of measures, until 
the purposes of administration were consummated, and the fate of 
the country sealed. In a situation so extraordinary, the undersigned 
have deemed it their duty by no act of theirs to sanction a proceeding 
so novel and arbitrary. On the contrary, they made every attempt 
in their power to attain publicity for their proceedings. All such 
attempts were vain. When this momentous subject was stated, as 
for debate, they demanded that the doors should be opened. 

This being refused, they declined discussion ; being perfectly con- 
vinced, from indications too plain to be misunderstood, that, in the 
house, all arfjument, with closed doors, was hopeless ; and that any 
act, giving implied validity to so flagrant an abuse of power, would 
be little less than treachery to the essential rights of a free people. 
In the situation to which the undersigned have thus been reduced, 
they are compelled reluctantly to resort to this public declaration of 
such views of the state and relations of the country, as determined 
their judgment and vote upon the question of war. A measure of 
this kind has appeared to the undersigned to be more imperiously 
demanded, by the circumstance of a message and manifesto being 
prepared, and circulated at public expense, in which the causes for 
war were enumerated and the motives for it concentrated, in a man- 
ner suited to agitate and influence the public mind. In executing 
tills task, it will be the study of the undersigned to reconcile the 
great duty they owe to the people with that constitutional respect 
which is due to tlie administrators of public concerns. 

In commencing this view of our affairs, the undersigned would 
fail in duty to themselves, did they refrain from recurring to the 
course, in relation to public measures, which they adopted and have 
uudeviatingly pursued from the coimnenrenicnt of this long and 
eventful session ; in which they deliberati'ly sacrifice every minor 
consideration to, what they deemed, the best interests of the country. 

For a succession of years the undersigned have from principle dis- 
approved a series of restrictions upon conmierce, according to their 



APPENDIX. 441 

estimation, insufficient as respected foreign nations, and injurious, 
chiefly, to ourselves. Success, in tlie system, liad become identified 
with (he pride, tlie character, and the hope of our cabinet. As ia 
natural with men, wlio have a great stake depending on the success 
of a favorite theory, pertinacity seemed to increase as its hopelessness 
became apparent. As the insufliciency of this system could not be 
admitted, by its advocates, witiiout insuring its abandonment, ill 
success was carefully attributed to the influence of opposition. 

To tills cause the people were taught to charge its successive fail- 
ures, and not to its intrinsic imbecility. In this state of things the 
undersigned deemed it proper to take away all apology for adher- 
ence to this oppressive system. They were desirous, at a period so 
critical in public affairs, as far as was consistent with tiie indepen- 
dence of opinion, to contribute to the restoration of harmony in the 
public councils, and concord among the people. And if any advan- 
tage could be thus obtained in our foreign relations, the undersigned, 
being entraged in no purpose of personal or party advancement, 
would rejoice in such an occurrence. 

The course of public measures also, at the opening of the ses- 
sion, gave hope that an enlarged and enlightened system of defence, 
with provision for security of our maritime rights, was about to be 
commenced, a purpose which, wherever found, they deemed it their 
duty to foster, by giving, to any system of measures, thus compre- 
hensive, as unobstructed a course as was consistent with their gener- 
al sense of public duty. After a course of policy, thus liberal and 
conciliatory, it was cause of regret that a communication should 
have been purchased by an unprecedented expenditure of secret ser- 
vice money ; and used, by the chief magistrate, to disseminate sus- 
picion and jealousy ; and to excite resentment among the citizens, 
by suggesting imputations against a portion of them, as unmerited 
by their patriotism, as unwarranted by evidence.* 

it has always been the opinion of tlie undersigned, that a system of 
peace was the policy, which most comported with the character, 
condition, and interest of the United States ; that their remoteness 
from the theatre of contest in Europe, was their peculiar felicity, and 
that nothing but a necessity, absolutely imperious, should induce 
them to enter as parties into wars, in which every consideration of 
virtue and policy seems to be forgotten, under the overbearing sway 
of rapacity and ambition. There is a new era in human affairs. — 
The European world is convulsed. 'J'he advantages of our situation 
are peculiar. " Why quit our own to stand upon foreign ground ? 
Why, by interweaving our destiny with that of any part of Europe, 
entangle our peace and prosperity in the toils of European ambition, 
rivalship, interest, humor, or caprice .' " t 

In addition to the many moral and prudential considerations, which 
should deter thoughtful men from hastening into the perils of such 
a war, there were some peculiar to the United States, resulting from 
the texture of the government, and the political relations of the peo- 
ple. A form of government, in no small degree experimental, com- 
posed of powerful and independent sovereignties, associated in rela- 
tions, some of which are critical, as well as novel, should not be has- 
tily precipitated into situations, calcirlated to put to trial the strength 

* Madison's message on the Henry Plot, 
t Washington. 



442 APPENDIX. 

of the moral bond, by which they are united. Of all states, that of 
war is most likely to call into activity the passions, which are hostile 
and dangerous to such a form of government. Time is yet import- 
ant to our country to settle and mature its recent institutions. Above 
all, it appeared to the undersigned, from signs not to be mistaken, 
that if we entered upon this war, we did it as a divided people ; not 
only from sense of the inadequacy of our means to success, but 
from moral and political objections of great weight, and very general 
influence. 

It ap[)ears to the undersigned, that the wrongs of which the United 
Sates have to complain, although in some aspects very grievous to 
our interests, and, in many, humiliating to our pride, were yet of 
a nature, which, in the present state of the world, either would not 
justify war, or which war would not remedy. Thus, for instance, 
the hovering of British vessels upon our coasts, and the occasional 
insults to our ports, imperiously demanded such a systematic applica- 
tion of harbor and sea-coast defence, as would repel such aggres- 
sions ; but, in no light, can they be considered as making a resort to 
war, at the present time, on the part of the United States, either ne- 
cessary, or e.xpedient. So also, with respect to the Indian war, of the 
origin of which but very imperfect information has as yet been giv- 
en to the public. Without any express act of Congress, an expedi- 
tion was last year set on foot and prosecuted into the Indian terri- 
tory, which had been relinquished by treaty on the part of the United 
States. And now we arc told about the agency of British traders, 
as to Indian hostilities. It deserves consideration, whether there 
has been such provident attention, as would have been proper to re- 
move any cause of complaint, either real or imaginary, which the 
Indians miirht allege, and to secure their friendship. AVith all the 
sympathy and anxiety excited by the state of that frontier, impor- 
tant as it may be to apply adequate means of protection against the 
Indians, how is its safety ensured by a declaration of war, which 
adds the Ihiti.-h to the number of enemies.' 

As " a decent respect to the opinions of mankind" has not induced 
the two houses of Congress to concur in declaring the reasons, or 
motives, for their enacting a d(!claration of war, the undersigned 
and the public are left to search, elsewhere, for causes either real or 
ostensible. If we are to consider the President of the United Stales, 
and the conmiittee of the House of Representatives on foreign rela- 
tions, as speaking on this solemn occasion for Congress, the United 
States have three principal topics of complaint against Great Bri- 
tain : — Impressment ; — blockades ; — and orders in council. 

Concerning the subject of impressment, the undersigned sympa- 
thize with our Tinfortunate seamen, the victims of this abuse of pow- 
er, and participate in the national sensibility on their account. They 
do not conceal irom themselves both its importance and its difficulty ; 
and they are well aware how stubborn is the will and how blind the 
vision of powerful nations, when great interests grow into contro- 
versy. 

But before a resort to war for such interests, a moral nation will 
consider what is just, and a wise nation what is expedient. If the 
exercise of any right, to the full extent of its abstract nature, be in- 
consislj'nt with the safety of another nation, morality seems to re- 
quire that, in practice, its e.sercise should in this respect be niodi» 



APPENDIX. 443 

fied. If it be proposed to vindicate any right by war, wisdom de- 
mands that it should be of a nature by war to be obtained. Tlie in- 
terests connected witli the subject of impressment are unquestiona- 
bly great to both nations ; and in the full extent of abstract right as 
asserted by each, perhaps irreconcilable. 

The government of the United States asserts the broad princi])le, 
that the flag of their m(>rchant vessels shall protect the mariners. 
This privilege is claimed, allhough every person on boaid, except 
the captain, may be an alien. 

The British government asserts that the allegiance of their sub- 
jects is inalienable in time of war, and that their seamen, found on 
the sea, the common highway of nations, shall not be protected by 
the flag of private merchant vessels. 

The undersigned deem it unnecessary here to discuss the question 
of the American claim, for the immunity of their flag. But they 
cannot refrain from viewing it as a principle, of a nature very broad 
and comprehensive ; to the abuse of which the temptations are 
strong and numerous. And they do maintain, that before the ca- 
lamities of war in vindication of such a principle be incurred, ail the 
means of negotiation should be exhausted, and that also every prac- 
ticable attempt should be made to regulate the exercise of the right ; 
so that the acknowledged injury, resulting to other nations, should 
be checked, if not prevented. They are clearly of opinion ihat the 
peace of this happy and rising community should not be abandoned 
for the sake of affording facilities to cover French property; or to 
employ British seamen. 

The claim of Great Britain to the services of her seamen is neither 
novel, nor peculiar. The doctrine of allegiance for which she con- 
lends is common to all the "overnments of Europe. France, as well 
as England, has maintained it for centuries. Both nations claim, in 
time of war, the services of their subjects. Both by decrees forbid 
their entering into foreign employ. Both recall them by proclamation. 
No man can doubt that, in the present state of the French marine, 
if American merchant ves'^els were met at sea, having French sea- 
men on board, France would take them. Will any man believe that 
the United States would go to war against France on this account.'' 
For very obvious reasons, this princijile occasions little collision 
with France, or with any other nation, except England. With the 
English nation, the people of the United States are closely assim- 
ilated, in blood, language, intercourse, habits, dress, manners, and 
character. When Britain is at war, and the United States neutral, 
the merchant service of the United States holds out to British sea- 
men temptations almost irresistible ; — high wages and peaceful cm- 
ploy, instead of low wages and war-service ; — safety in lieu of haz- 
ard ; — entire Independence, in the place of qualified servitude. 

That England, whose situation is insular, who is engaged in a war 
apparently for existence, whose seamen are her bulwark, should look 
upon the effect of our principle upon her safety with jealousy, is 
inevitable ; and that she will not hazard the practical consequences 
of its unregulated exercise, is certain. The question, therefore, 
presented, directly, for the decision of the thoughtful and virtuous 
mind, in this country is — whether war for such an abstract right be 
justifiable, before attempting to guard against its injurious tendency 
by legislative regulation, in failure of treaty. 



444 APPENDIX. 

A dubious right should be advanced with hesitation. An extreme 
right should be asserted with discretion. Moral duty requires, that 
a nation, before it appeals to arms, should have been, not only true 
to itself, but that it should have failed in no duty to others. If the 
exercise of a right, in an unregulated manner, be in effect a stand- 
ing invitation to the subjects of a foreign power to become deserters 
and traitors, is it no injury to that power ? 

Certainly, moral obligation demands that the right of flag, like all 
other human rights, should be so used, as that, while it protects what 
is our own, it should not injure what is another's. In a practical 
view, and so long as the right of flag is restrained by no legard to the 
undeniable interests of others, a war on account of impressments, is 
only a war for the right of employing British seamen on board 
American merchant vessels. 

The claim of Great Britain pretends to no further extent, than to 
take Britisii seamen irom private merchant vessels. In the exercise 
of this claim, her officers take American seamen, and foreign sea- 
men, in the American service ; and although she disclaims such 
abuses, and proffers redress, when known, yet undoubtedly grievous 
injuries have resulted to the seamen of the United States. But the 
question is, can war be proper for such cause, before all hope of rea- 
sonable accommodation has failed ? Even after the extinguishment 
of such hope, can it he proper, until our own practice be so regulated 
as to remove, in such foreign nation, any reasonable apprehension of 
injury .=■ 

The undersigned are clearl}' of opinion that the employment of 
British seamen, in the merchant service of the United States, is as 
little reconcilable with the permanent, as the present interest of the 
United States. Tiie encouragement of foreign seamen is the dis- 
couragement of the native American. 

The duty of government towards this valuable class of men is not 
only to protect, but to patronize them. And this cannot be done more 
effectually than by securing to American citizens the privileges of 
American navigation. 

The question of impressment, like every other question relative to 
commerce, has been treated in such a manner, that what wns pos- 
sessed is lost, without obtaining wi»at was sought. Pretensions, right 
in theory, and important in interest, urged, without due considera- 
tion of our relative power, have eventuated in a practical abandon- 
ment, both of what we hoped and what we enjoyed. In attempting 
to spread our flag over foreigners, its distinctive character has been 
lost to our own citizens. 

The American seaman, whose interest it is to have no competitors 
in his employment, is sacrificed, that British seamen may have equal 
privileges with himself. 

Ever since the United States have been a nation, this subject has 
been a matter of complaint and negotiation; and every former ad- 
ministration have treated it, according to its obvious nature, as a 
subject rather for arrangement than for war. It existed in the time 
of Washington; yet this father of his country recommended no such 
resort. It existed in the time of Adams ; yet, notwithstanding the 
zeal in support of our maritime rights, which distinguished his admin- 
istration, war was never suggested by him as the remedy. During 



APPENDIX. 445 

the eight years Mr. Jefferson stood at the helm of affairs, it still con- 
tinued a subject of controversy and negotiation ; but it was never 
made a cause for war. It was reserved for the present administra- 
tion to press this topic to the extreme and most dreadful resort of 
nations ; although England has bfficially disavowed the right of im- 
pressment, as it respects native citizens, and an arrangement might 
well be made consistent with the fair pretensions of such as are 
naturalized. 

That the real state of this question may be understood, the under- 
signed recur to the following facts as supported by official documents. 
Mr. King, when minister in England, obtained a disavowal of the 
British government of the right to imjjress " American seamen," 
naturalized as well as native, on the high seas. An arrangement had 
advanced nearly to a conclusion, upon this basis, and was broken off 
only because Great Britain insisted to retain the right on " tlie nar- 
row seas." What, however, was the opinion of the American minis- 
ter, on the probability of an arrangement, appears from the public 
documents, communicated to Congress in the session of 1S08, as 
stated by Mr. Madison in tliese won Is : " At the moment the articles 
were expected to be signed, an exception of ' the narrow seas ' was 
urged and insisted on by Lord St. Vincents, and being utterly inad- 
missible on our part, the negotiation was abandoned." 

Mr. King seems to be of opiiiion, however, " that, with more time 
than was left him for the experiment, the objection might have been 
overcome." What time was left Mr. King for tlie experiment, or 
whether any was ever made, has not been disclosed to the ])ub]ic. 
Mr. King soon after returned to Arnerica. It is manifest from Mr. 
King's expression that he was limited in point of time, and it is 
equally clear that his opinion was, that an adjustment could take 
place. That Mr. Madison was also of the same opinion is demon- 
strated by his letters to M(>ssrs. Monroe and Pinckney, dated the 3d 
of Febrnai'y, 1807, in which he uses the.^e expressioris. '• I take it 
for granted, that you have not faded to make due use of the arrange- 
ment concerted by Mr. King with Lord Havvkesbury, in the year 
1802, for settling the (juestion of impressment. On that occasion and 
under that adniinintration the British principle tvas fairly renounced 
in favor of the right of our fla<r. Lord Hnwheshury having agreed to 
prohibit impressments on the high sens, and Lord St. Vincents re- 
(juiring noibing more ihan an exception of the narrow seas ; an ex- 
ception resting on the obsolete claim of Great Britain to some pecu- 
liar dominion over thein." Here, tlien, we have a full acknowledg- 
ment that Groat Britain was willing to renounce the right of impress- 
ment, on the high seas, in favor of our flag; — that she was anxious 
to arrange the subject. 

It further appears that the British ministry called for an interview 
wiih Messrs. Monroe and Pinckney, on this topic; that they stated 
the nature of the claim, the King's j)rerogative ; that they had con- 
suhcd the crown officers and the board of admiralty, who all con- 
curred in sentiment, that ujider the circumstances of the nation, the 
relinquishment of tlie right was a measure, which the government 
could not adopt, without taking on itself a responsibility, which no 
ministry would be willing to meet, however pressing the exigency 
might be. They offered, however, on the part of Great Britain, to 
pass laws making it penal for Britisii commanders to impress Ameri- 

:38 



9^?- 



APPENDIX. 



can citizens, on board of American vessels, on the high seas, if 
America would pass a law, making it penal for the officer? of the 
United States to grant certificates of citizenship to British subjects. 
This will be found, in the same ilocuments, in a letter from Messrs. 
Monroe and Pinckncy to Mr. Madison, dated Uth of November, 1806. 
Under their peremptory instructions, this proposition, on the part of 
Great Britain, could not be acceded to by our ministers. Such, how- 
ever, was tiie temper and anxiety of Enghmd, and such the candor 
and good sense of our ministers, that an honorahle and advantageous 
arrangement did take place. Tlie authority of Mr. Monroe, then 
Minister at the court of Great JJiitain. now Secretary ot State, and 
one of the present administration, wlio liave recummended war with 
England, and assigned impressments as a cause, supports the under- 
sio-ncd in asserting, that it was honorable and advantageous: for in a 
letter from Richmond dated the 28th of February, 1808, to Mr. Madi- 
son, the following expressions are used by Mr. ]VIonroe. " 1 have on 
the contrary always believed, and still do lielieve, that the ground on 
wliich that interest (impressment) was placed by the paper of the 
British Commissioners of 8th N'yvembcr, 1806, and the explanation 
which accompanied it, was both honorable and advantageous to the 
United States, that it contained a conces^^ion in their favor on the 
part of Great Britain, on the great principle in contestation, never 
before made by a formal and obligatory act of their government, 
which was highly favorable to their interest." 

With the opinion of Mr. King so decidedly expressed, with the 
official admission of Mr. Madisoi, with the explicit declaration of 
Mr. Monroe, all concurring that (Jreat Britain was ready to abandon 
impressment on the high seas, and with an honorable and advantage- 
ous arrangement, actually made by Mr. Monroe, how can it be pre- 
tended, that all dope of settlement, by treaty, has failed.'' how can 
this subject furnish a proper cause of war? 

With respect to the subject of blockades, the principle of the law 
of nations, as asserted by the United States, is. that a blockade can 
only be justified when supported b}' an adequate force. In theory 
this principle is admitted by Great Britain. It is alleged, however, 
that in practice she disregards that principle. 

The order of biocknde, which has been made a specific ground of 
complaint by France, is that of the IGlh of May, 18UG. Yet, strange 
as it may seem, this order, which is now made one ground of war 
between the two countries, was, at the tiine of its first issuing, viewed 
as an act of favor and conciliation. On this stdijoct it is necessarv to 
be explicit. The vague and indeterminate miuiner in which the 
American and French governments, in their oilicial papers speak of 
this order of blockade, is calculated to mislead. An importance is 
attaclied to it, of which, in the opinion of the undersigned, it is not 
worthy. Let the facts speak for themselves. 

In August, 1801, the British established a blockade at the entrance 
of the French ports, naming them, fftjin Fecamp to Ostcnd ; and 
from their proxiiiiily to the British coists, and the absence of all com- 
plaint, we may be ])erniilted to believe that it was a legal blockade, 
enforced according to (he usages of nations. On the itilh of May, 
ISOfi, the English Secretary of State, Mr. Fox, notified our Minis- 
ter at London, that his govcrinnent ha<l thought fit to direct necessary 



APPENDIX. 447 

measures to be taken tor the blockade of the coasts, rivers, and ports, 
from tlie river Elbe to the river Brest, both inclusive.* 

In point of fact, as the terms used in tiie order will show, this paper, 
which has become a substantive and avowed cause for non-intercourse, 
embargo, and war, is a blockade only of the places, on the French 
coast, tiom Ostend to ihe Seine, and even as to these it is merely, as it 
professes to be, a continuance of a (brmer and existing blockade. For 
with respect to the residue of the coast, trade of neutrals is admitted, 
with the exception only of enemy's property and articles contraband 
of war, which are liable to be taken without a blockade; and except 
the direct colonial tiade of the enenjy, which Great Britain denied to 
be free by the law of nations. Why the order was thus extended, in 
its form, while in etfect it added nothing to ordars and rcoulations 
already existing, will be known by adverting to papers, which are 
before the world. In 1806, France had yet colonies ; and the wound 
inflicted on oui- feelings, by the interference of the British government 
in our trade with those colonies, had been the cause of remonstrance 
and negotiation. At the moment when the order of May, 1806, was 
made, Mi-. Monroe, the present Secretary of State, then our minister 
plenipotentiary at the Court of Great Britain, wiis in treaty on the 
subject of the carrying trade, and judgins; on the s])ot, and at the 
time, he, unhesitatiufily, gave his opinion, that the order was made to 
favor American views and interests. This idea is unequivocally ex- 
pressed, in Mr. Monroe's letters to Mr. Madison of the 17th and 20tht 
of May. and of the 9lh of June, IdOO. 

And a ■ late as October, Irill, the same gentleman, writing as Sec- 
retary ot State to the British Minister, speaking of the same order of 
blockade of May, 1 806, says, '• it stri(!tly was little more than a block- 
ade of the coast from Seine to Ostend." " The object was to afford 
lo the United States an accommodation respecting the colonial trade." 

It appears, then, that this order was, in point of fact, made to favor 
our trade, and was so understood and admitted by the government of 

* Tlie ten s of the order are these : " That the said coast, rivers, and ports must 
be considered as blockaded," but, "that such blockade sliall not extend to prevent 
neutral sliips and vessels, laden with coods,not being the jiroperty of his majesty's 
enemies, and not being contraband of war, from approaching the said coasts, and 
entering into and sailing from the said rivers and ports, save and e.xcept the coast, 
rivers and ports from Otend to the river Peine, already in a state of strict and rigor- 
ous blockade ; and wliich are to bo considered as so continued ;" with a proviso 
that the vessels "entering had not been laden at a port belonging to, or in posses- 
sion of, tlie enemies of Great Britain, and the vessels departing were not destined 
to an enemy's port, or liad previously broken blockade." 

t The following are extracts from these letters. Fn that of the ITlh of May, 1806, 
he thus speaks of that blockade. It is " couched in terms of restraint and professes 
to extend the blockade further than was heretofore done ; nevertheless it takes it/mm 
many ports, alreuihj l)lucl:adrd indeef!, from all East of Ostend, and V\est of the 
Seine, except in articles contraband of war and enemies' property, which are seiza- 
ble without blockade. And in like form of exception, considering every enemy as 
one power, it admits the trade of neutrals, within the same limits, to be free in the 
productions of enemies' colonies, in every but the direct route between the colony 
and the parent country." Mr. Monroe adds, " It cannot be doubted that the note 
was drawn by the government, in reference to the question, and if intended as the 
foundation of^a treatv, must be viewed in a favorable light." On the :3i)tli of May, 
Mr. .Mouioe writes to Mr. Madison, that he had been " strengthened in the opinion, 
that the order of the IGth was drawn with a view to the question of our trade with 
enemies' colonies, and that it promises to be liighly satisfactory to our cumniercial 
interests." 



448 APPENDIX. 

this country, at that time and since ; that instead of extending prior 
blockades, it lessened them ; that the country from Seine to Brest, 
and from Ostend to Elbe, was inserted to open them to our colonial 
trade and for our accommodation, and that it v\as never made the 
subject of complaint, by the American govcinmont, during its prac- 
tical continuance; that is, not until the first order in council ; and 
indeed not until after the 1st of May, ISIO ; and until after the Amer- 
ican government was apprised of the ground, which it was the will of 
France should be taken upon the subject. 

Of this we have the most decisive proof in the offers made under 
the administration of Mr. Jefferson, for the discontinuance ot the 
embargo as it related to Great Britain ; none of whit h required the 
repeal of the blockade of May, ItiOti; and also in the arrangement 
made during the administration of jNIr. Madison, and under his eye 
with Mr. Erskine. The non-intei course act of March, 1809, and the 
act "concerning commercial intercourse" of May, 1810, vest the 
President of the United States with the very same power, in the very 
same terms. Both authorize him " in case either Great Britain or 
France shall so revoke or modify her edicts, as that they shall cease 
to violate the neutral commerce of the United States, to declare the 
same by proclamation." And by the provisions of one lav; in such 
case, non-intercourse was to cease ; by those of the other it was to 
be revived. In consequence of power vested by the first act, the 
arrangement with Erskine was made, and the revocation of the orders 
in council of January and November, 1807, was considered as a full 
compliance with the law, and as removing all the anti-neutral edicts. 
The blockade of May, 1806, was not included in the arrangement, 
and it docs not appear that it was deemed of sufficient importance to 
engage even a thought. Yet under the act of May, 1810, which vests 
the very same power, a revocation of this blockade of May, 1806, is 
made by our cabinet a sine qua non ; an indispensable requisite! 
And now, after the British minister has directly avowed that this 
order of blockade would not continue after a revocation of the orders 
in council, without a due ap])licatiou of an adequate force, the exist- 
ence ot tills blockade is insisted upon as a justifiable cau«c of war, 
notwithstanding that our government admits a blockade is legal, to the 
maintenance of which an adequate force is applied. 

The undersigned are aware, that, in justification of this new ground, 
it is now said that the extension on paper, for whatever purpose in- 
tended, favors the principle of pajjcr blockades. This, however, can 
hardly be urged, since the British forinally disavow the principle ;* 
and since they acknowledge tlie very doctrine of the law of nations, 
for which the American administration contend, henceforth the exist- 



♦ Mr. Foster, in liis letter of tlie 3d of July, 1811, to Mr. Monroe, thus states the 
doctrine maintained by liis government. 

" Great Ifritain has never attempted to dispute that, in the ordinary course of the- 
law of nations, no blockade can be justitiable or valid, unless it be supported by an 
adequate force destined to maintain it and to e.xpose to hazard all vessels atteinpt- 
iiig to evade its operation. 

Mr. Foster in his letter to Mr. Monroe of the 2(;th of July, 1811, also says, "The 
blockade of May, ISOli, will not continue after the repeal of the orders in council, 
unless his Majesty's government shall think fit to sustain it by the special applica- 
tion of a sulfuient naval force, and the fact of its being so continued or not, will bo 
notified at the time," 



APPENDIX. 449 

cnce of a blockade becomes a question of fact : it must depend upon 
the evidence adduced in support of the adequacy of the blockading 
force. 

From the preceding statement it is apparent that, whatever there 
is objectionable in the principle of the order of May, IHOC, or in the 
practice under it, on ground merely American, it cannot be set up as 
a sufficient cause of war ; for until Fiance pointed it out as a cause ot 
controversy, it was so far from being regarded as a source of any new 
or grievous complaint, that it was actually considered, by our govern- 
ment, in a favorable light. 

The British orders in council are the remaining source of discon- 
tent, and avowed cause of war. These have, heretofore, been con- 
sidered by our government in connexion with the French decrees. 
Certainly, the Briiish orders in council and French decrees form a 
sj'stem subversive of neutral rights, and constitute just grounds of 
coinplaint; yet, viewed relatively to the condition of those powers 
towards each other, and of the United States towards both, the under- 
signed cannot persuade themselves that the orders in council, as 
they now exist, and with their present effect and operation, justify 
the selection of Great Britain as our enemy, and render necessary a 
declaration of unqualified war. 

Every consideration of moral duty and political expedience seems 
to concur in warning the United States not to mingle in this hopeless, 
and, to human eye, interminable European contest. Neither France, 
nor England, pretend? that their aggressions can be defended, on the 
ground x)f any other belligerent right, than that of particular necessity. 

Both attempt to justify their encroachments on the general law of 
nations by the plea of ret.ili.ilion. In the relative position and pro- 
portion of streiigib of the United States to either belligerent, there 
appeared little probabilitj' that we could compel the one or the other, 
by hostile operations, to abandon this plea. 

And as the field of commercial enterprise, after allowing to the de- 
crees and orders their full practical effect, is still rich and extensive, 
there seemed as little wisdom as obligation to jield solid anil certain 
realities for unattainable pretensions. The right of retaliation, as 
existing in either belligerent, it was impossible (or ttie United States, 
consistent with either their duty or interest, to admit. Yet such was 
the state of the decrei'S and oiders of the respective belligerents, in 
relation to the rights of neutrals, that, while on the one hand, it 
formed no justification to either, so on the oilier, concurrent circum- 
stan?cs forTned a complete justification to the United States in main- 
taining, notwithstanding these encroachments, provided it best com- 
ported with their interests, that system of impartial neutrality, which 
is so desirable to their peace and prosperity. For if it should be ad- 
milted, which no course of argument can maintain, that the Berlin 
decree, which was issued on the 2Ist of November, ^ii06, was justified 
by the antecedent orders of the British admiralty, respecting the 
colonial trade, and by the order of blockade of the 16th of May pre- 
ceding, yet on this account there resulted no right of retaliation to 
France, as it respected the United States. They bad expressed no 
acquiescence cither in the Briiish interference with the colonial trade, 
or in any extension of the princi]iles ol blockade. Besides, had there 
been any such neglect on the pait of the United States, as warranted 

38* 



450 APPENDIX. 

the French emperor in adopting his principle of retaliation, yet in the 
exercise of that pretended right lie passed the bounds of both public 
law and decency; and in the very extravagance of that exercise, lost 
the advantage of whatever color the British had afforded to his pre- 
tences. Noi content with adoptina: a principle of retaliation, in termfs 
limited and appropriate to the injury of which ho complained, he 
declared "all the British Islands in a state of blockade; prohibited 
all commerce and correspondence with them, all trade in their manu- 
factures; and made lawful prize of all merchandise belonging to 
Eiigland, or coming from its manufactories and colonies." 

The violence of tliese encroachments was ecjualled only by the 
insidiousness of the terms and manner, in whicli they were pio- 
mulgated. The scope of the expressions of the Berlin decree was 
so general, that it embraced within its sphere the whole commerce of 
neutrals with England. Yet ]3acres, Minister of the Marine of 
Franco, by a formal note of the 24th December, 1806, assured our 
minister plenipotentiary, that the imperial decree of the 21st Novem- 
ber, 180G. " iras not to affect our commerce, tchich ivould still, be gov- 
erned by the rules of the treaty established beticeen the two countries.'^ 
Notwithstanding this assurance however, on the 18th September 
following, Reo-nier, grand minister of justice, declared, " that the in- 
tentions of the Emperor were that, by virtue of that decree, French 
armed vessels might seize in neutral vessels, either English property, 
or merchandise proceeding from the English manufactories ; and 
that he had reserved, for future decision, the q%icstion ichcther they 
might not possess themselves of neutral vessels going to or from 
England, although they had no English manufactures on hoard;'' 
pretensions so obviously exceeding any measure of retaliation, that, 
if the precedent acts of the British government had adbrded to such 
a resort, any color of right, it was lost in the violence and extrava- 
gance of these assumed principles. 

To the Berlin decrees succeeded the British orders in council of 
the 7th of January, 1807, which were merged in the orders of the 
1 1th of November following. These declared " all [jorts and places 
belonging to France and its allies, from which the British flag was 
excluded, all in the colonies of liis Britannic majesty's enemies, in 
a state of blockade; prohibiting all trade in the produce and manu- 
factures of the said countries or colonies ; and making all vessels 
trading to or from them and all merchandise on board subject to 
capture and condemnation, with an exception only in favor of the 
direct trade between neutral countries and the colonies of his majes- 
ty's enemies." 

These extravagant pretensions on the part of Great Britain were 
nnmediately succeeded by others still more extravagant on the part 
of France. Without waiting for any knowledge of the course the 
American government would take, in relation to the British orders 
in council, tlie FriMich Emperor issued, on the 17th of December 
following, his Milan decree, by which " every ship, of whatever 
nation, which shall have submitted to search by an English ship, 
or to a voyage to England, or paid any tax to that government, are 
declared druationaHzed and lawful prize. 

" The British Islands are declared in a state of blockade, by sea 
and land, and every ship, of v.liatever nation, or whatsoever the 
nature of its cargo may be, that sails from England, or those of 



APPENDIX. 451 

the English colonies, or of countries occupied by English troops, 
and proceeding to England, or to the English colonics, or to 
countries occupied by the English, to be good prize." The na- 
ture and extent ot" these injuries, thus accumulated by mutual efforts 
of botli belligerents, seemed to teach the American statesmen this 
important lesson — not to attach the cause of his country to one or 
the other ; but by systematic and solid provisions, for sea-coast and 
maritime defence, to place its interests, as far as its situation and 
resources permit, beyond the reach of the rapacity, or ambition of 
any European power. Happy would it have been for our country, 
if a course of policy so simple and obvious had been adopted ! 

Unfortunately our administration had recourse to a system, com- 
plicated in its nature, and destructive in its effects ; which, instead 
of relief from tlie accumulated injuries of foreign governments, 
served only to fill up what was wanting in the measure of evils 
abroad by artificial embarrassments at home. As long ago as the 
j'ear 17'.!4, Mr. Madison, the present President of the United States, 
then a member of the House of Representatives, devised and pro- 
posed a system of commercial restrictions, which had for its object 
the coercion of Great Britain, by a denial to her of our products 
and our market; asserting that the former was, in a manner, essen- 
tial to her })rospcrit3r, either as necessaries of life, or as raw mate- 
rials for her manufactures ; and that, without the latter, a great pro- 
portion of her laboring classes could not subsist. 

In that day of sage and virtuous forethought the proposition was 
rejected. It remained, however, a theme of unceasing panegyric 
among an active class of American politicians, who with a system- 
atic pertinacity inculcated among- the people, that commercial re- 
strictions were a species of warfare, which would ensure success 
to the United States and humiliation to Great Britain. 

There wore two circumstances inherent in this system of coer- 
cing Great Britain by commercial restrictions, which ougiit to have 
made practical politicians very doubtful of its result, and very cau- 
tious of its trial. Tliese were the state of opinion in relation to its 
efficacy among commercial iiion in the United States ; and the state 
of feeling, which a resort to it would unavoidably produce, in Great 
Britain. On the one hand, it was undeniable that the great body of 
commercial men in the United States had no belief in such a depen- 
dence of Great Britain, upon the United States, either for our pro- 
duce, or our market, as the system implied. 

Without the hearty co-operation of this class of men, success in 
its attempt was obviously unattainable. And as on them the chief 
suffering would fall, it was altogether unreasonable to e.vpcct that 
tliey would become instruments co-operating in support of any sys- 
tem, which was ruin to them, and without hope to their country. 
On the other hand, as it respects Great Britain, a system, proceed- 
ing upon the avowed principle of her depenrlence upon us, was 
among tlie last to which a proud and powerful nation would yield. 
Notwithstanding tliese obvious considerations, in April, 1800, 
Mr. Madison being then Secretary of State, a law passed Congress, 
prohibiting the importation of certain specified manufactures of' 
Great Britain and her dependencies, on tlie basis of Mr. Madison's 
original proposition. Thus the United States entered on the sys- 
tem of commercial hostility against Great Britain. 



452 APPENDIX. 

The decree of Berlin was issued in tlie ensuing November, 
(180G.) Tlie treaty, which had been signed at London, in Decem- 
ber, If^OC), having been rejected by Mr. Jefferson, without being 
presented to the Senate for ratification, and tlic non-importation act 
not being repealed, but only suspended, Great Britain issued her 
orders in council, on the 11th of November, 1807. 

On the 21st of the same month of November Champagny, French 
minister of foreign affairs , wrote to Mr. Armstrong, the American 
minister, in the words following. " All the difficulties, which have 
given rise to your reclamations, sir, would be removed with ease, 
if the government of the United States, after complaining in vain 
of the injustice and violations, of England, took, with the whole 
continent, tlie part of guaranteeing it tlK^rcfrom." 

On the 17th of the ensuing December, the Milan decrees were 
issued on the part of France, and five days afterwards the embargo 
was passed on the part of the United States. Thus was complet- 
ed, by acts nearly cotemporaneous, the circle of commercial hostili- 
ties. 

After an ineffectual trial of four years to control the policy of the 
two belligerents by this system, it was on the part of the United 
States, for a time, relinquished. The act of the 1st of May, 18J0, 
gave the authority, however, to the President of the United States 
to revive it against Great Britain, in case France revoked her de- 
crees. Such revocation on the part of Franco was declared by the 
President's proclamation on the 2d November, IblO; and inconse- 
quence non-intercourse was revived by our administration against 
(ireat Britain. 

At all times the undersigned have looked with much anxiety for 
the evidence of this revocation. They wislied not to question, what, 
in various forms, has been so often asserted by the administration 
and its agents, by their directions. But neither as public men, nor 
as citizens, can they consent that the peace and prosperity of the 
country should be sacrificed, in maintenance of a position, which on 
no principle of evidence they deem tenable. They cannot falsify, or 
conceal their conviction, that the French decrees neither have been 
nor nie revoked. 

Without pretending to occupy the whole field of argument which 
the question of revocation has opened, a concise statement seems 
insei)arahle from the occasion. 

The condition on which the non-intercourse, according to the act 
of May 1st, 1810, might be revived against Great Britain, was, on 
the part of France, mi effectual revocation of her decrees. What the 
President of the United States was bound to require from tlie French 
government was, the evidence of such effectual revocation, .l^pon 
this point both tlie right of the United States and the duty of the 
President seem to be resolvable into very distinct and undeniable 
principles. The object to be obtained for the United States from 
France was an effectual i evocation of tiie decrees. A revocation to 
be efi'ectual must include, in the nature of things, this essential 
rtquisitc : — tiie wrongs done to the neutral commerce of the United 
States, by the operation of the decrees, must be stopped. Nothing 
short of this could be an effectual revocation. 

Without reference to the other wrongs resulting from those decrees 
to the commerce of the United States ; it will be sufficient to state the 



APPENDIX. 453 

prominent wrong done by tlie 3d article of the Milan decree.* The 
nature of this wrong essentially consisted iii the aulhor'Uy given to 
French siiips of war and privateers to make prize at sea of every 
neutral vessel, sailing to or from any of the English possessions. 
The authority to capture was the very essence of the wrong. It 
follows, therefore, that an ejf'cciual revocation rcfjtiircd that theanthor- 
ilij to capture s/iould be annulled. Granting, therefore, for the sake 
of argument, (what from its terms and its nature was certainly not 
the case) that the noted letter of the Duke of Cadore, of the 5th of 
August, IcilO, held forth a revocation, good in point of form, and 
unconditional, yet it 2cas not that effectual revocation for which the 
act of May 1st, 181U, alone authorized the President of the United 
States to issue his proclamation, vnless in consequeitcc of that letter 
the authority to capture 70us annulled. The letter itself is no annul- 
ment of the authority to capture, and it is notorious that no evidence 
of the annulment of this authority to capture ever has been adduced. 
It has not even been pretended. On the contrary there is decisive 
and almost daily evidence of the continued existence of this author- 
ity to capture. 

The charge of executing the decrees of Berlin and Milan was, so 
far as concerned his department, given by the terms of those decrees 
to the French minister of marine. According to established princi- 
ples of general law, the imperial act which gave the authority must 
be annulled by another imperial act, equally formal and solemn; or 
at least the authority to capture must bo countermanded by some 
order or instruction from the minister of marine. Nothing short of 
this could annul the authority according to the rule of the sea ser- 
vice. Was such annulling act ever issued by the French Emperor ? 
Were any such countermanding ordeis or instructions ever given by 
the French minister of marine ? In exercising a trust, committed to 
him by the legislature, on a point so interesting to the neutral com- 
merce of the United States, and so important to the peace of the 
nation, was it not the duty of the President to liave the evidence of 
such annulment, before the issuing of any proclamation ? Has he 
ever insisted upon such evidence ? Was it of no consequence in the 
relative situation of this country as to foreign ])0wers, that the regu- 
lar evidence should be received by our administration, and made 
known.' Why has a matter of evidence, so obviously proper, so sim- 
ple in its nature, so level to general apprehension, and so imperiously 
demanded by the circumstances of the case, been wholly omitted.'' 
And wliy, if the Berlin and Milan decrees are annulled, as is pre- 
tended, does the French Emperor withhold this evidence of their 
annulment .'' Why does he withhold it, when the question of revo- 
cation is presented under circumstances of so much urgency ? 

Not only has it never been pretended that any such imperial act 
of annulment has issued, or that any such orders or instructions, 

* This article is in these words : 

" .Srt. III. The British islands are declared to be in a state of lilockade, both by 
land and sea. Kvery ship of whatever nation, or wliatsoever the nature of its car- 
go may be, that sails from the ports of England or those of the Rns-lish colonies and 
of the countries occupied by English troops and proceeding to England, or to the 
English colonies, or to countries occupied by English troops, is good and lawful 
prize, as contrary to the present decree, and may be captured by our ships of war, 
or our privateers, and adjudged to the captor." 



454 APPENDIX. 

countermanding the authority to capture, were ever given, but there 
is decisive evidence ot'tlie reverse in tlie conduct of the French pub- 
lic armed sliips and privateers. At all times since November, 1810, 
these ships and privateers have continued to capture our vessels and 
property, on the high seas, upon the principles of the Berlin and 
Milan decrees. A numerous list of American vessels, thus taken 
since the 1st of November, 1810, now exists in the office of the sec- 
retary of state : and among the captures are several vessels with 
their cargoes lately taken and destroyed at sea, without the formality 
of a trial, by the commander of a French squadron, at tliis moment 
cruising against our commerce, under orders given hy the minister of 
marine, to whom the execution of the decrees was committed ; and 
these too issued in January last. In the Baltic and Mediterranean 
seas, captures by French privateers are known to us by official doc- 
uments to have been made, under the authority of these decrees. 
How then are they revoked ? How have they ceased to violate our 
neutral conunerce. 

Had any repeal or modification of those decrees in truth taken 
place, it must have been communicated to the prize courts, and 
would have been evidenced by some variation either bi their rules, or 
in the principles of their decisions. In vain, however, will this na- 
tion seek for such proof of the revocation of the decrees. No acquittal 
has ever been had in any of the prize courts, upon the ground that 
the Berlin and Milan decrees had ceased, even as it respects the 
United States. On the contrary the evidence is decisive that they 
are considered by the French courts as existing. 

There are many cases corroborative of this piosition. It is enough 
to state only two, which nppear in the ofiicial reports. Tiie Ameri- 
can ship .lulian was captured by a French privateer on the 4th of 
July, 1811, and on the 10th of September, 1811, the vessel and cargo 
were condemned bj' the council of prizes at Paris, among other rea- 
sons, because she was visited by several English vcsiels. On the same 
day the Herc'nrles, an American ship, was condemned by the imperial 
court of prizes, alleging '• that it was impossible that she was not visit- 
ed by the enemy's ships of war." So familiar to them was the ex- 
istence of the decrees, and such their eagerness to give them effect 
against our commerce, that they feigned a visitation to have taken 
place, and that notwitlistanding the express declaration of the cap- 
tain and cn^w to the contrary. In addition to which evidence, Mr. 
Russell's letter to the Secretary of State, dated May 8th, 1811, says, 
" it may not be improper to remark, that no American vessel cap- 
tured sinc(> the 1st of November, 1810, has yet been released." 

From tliis it is apparent, that the commanders of the national 
vessels, the privateersmen, and the judges of the prize courts, to 
which may be added also the custom-house officers, who, as^ the 
instruments of carrying into effect the decrees, must have been made 
acquainted with tiie repeal had it existed, have been from first to 
last ignorant of any revocation; and uniformly acted upon the prin- 
ciple of their existence. 

If other evidence of the continued existence of those decrees were 
requisite, the acts of the French government affijrd such as is full 
and explicit. Champagny, Duke of Cadore, minister of foreign rela- 
tion, in his report to his majesty the emperor and king, dated Paris, 
December 3d, 1810, speaking of the decrees of Berlin and Milan, 



APPENDIX. 



455 



says expressly, " As long as England shall persist in her orders in 
council, your majesty vull persist in your decrees," than wliich no 
declaration can be more direct not only that the Berlin and Milan 
decrees are unrevoked, but that they will so remain, until the Eng- ■ 
lish orders in council are withdrawn. And in the address delivered, 
by his imperial majesty Napoleon, to the council of conmierce on 
the 31st of March, IHJl, he thus declares, " The decrees of Berlin 
and Milan are the fundamental laws of my empire. For the neutral 
navigation I consider the flag as an extension of territorj'. The 
power, which suffers its flag to be violated, cannot be considei-ed as 
neutral. The fate of the American commerce will soon be decided. 
I will favor it, if the United States conform themselves to these de- 
crees. In a contrary case, their vessels will be driven from my 
empire." 

And as late as the lOth of March last, in a report of the French 
minister of foreign relations, communicated to the conservative Sen- 
ate, it is declared, " that as long as the British orders in council are 
not revoked, and the principles of the treaty of Utreciit in relation 
to neutrals put in force, the decrees of Berlin and Milan ought to 
subsist for the powers who sutler their flag to be denationalized." 
In none of these acts is there any exception in favor of the United 
States. And on the contrary, in the report of March last, by placing 
those decrees on the basis of " the principles of the treaty of Utrecht," 
the French minister has extended the terms of revocation beyond 
all prior ])re tensions. 

Those who maintian the revocation of these decrees, as it respects 
the United States, rely wholly upon the suspension of the decisions 
of the French prize courts in relation to some Cew vessels, and the 
liberation of others by the special direction of the French Emperor. 
Can there be stronger presumptive evidence of the existence of those 
decrees than this — that no vessel is excepted from their operation 
until after the special exercise of the emperor's will in the particular 
case. 

If the decrees were effectively revoked, there would be no cap- 
tures; or if any were made, liberation would be a matter of course 
and of general right, instead of being an affair of particular favor or 
caprice. Is it for vexations and indulgences like these, that the 
people of the United States are to abandon their commerce and peace .' 
Is it for such favors they are to invice the calamities of war ? If the 
resources of negotiation were exhausted, had the government no 
powers remaining to diminish the causes of national controversy by 
preventing abuses .-' After this, had it no powers to provide for pro- 
tecting indisputable and important rights, without waging a war of 
offence f In the regular exercise of legislative and executive powers, 
might not the f;iir objects of interest for our country have been 
secured completely, by consistent and wholesome plans for defensive 
protection.' And would not a national position, strictly defensive, 
yet highly respectable, have been less burthensome to the people 
than the projected war ? Would it not be more friendly to the cause 
of our own seamen ; more safe for our navigation and commerce ; 
more favorable to the interests of our agriculture ; less hazardous to 
national character ; more worthy of a people jealous of their liberty 
and independence ? 

For entering into these hostilities is there any thing in the friend- 



456 APPENDIX. 

ship or commerce of France, in its nature very interesting or alluring ? 
Will the reaping of the scanty field of French trade, which we seek, 
in any way compensate ior the rich harvest of general commerce, 
which by war we are about to abandon ? When entering into a 
war with Great Britain for commercial rights and interests, it seems 
impossible not to inquire into the state of our commercial relations 
with France, and the advantages tbe United States will obtain. We 
may thus be enabled to judge whether the prize is worth the contest. 

By an official statement nuidc to congress during the present ses- 
sion, it appears that of 45,^1)4,000 dollars of domestic productions of 
the United States, exported from September 3()th,1810, to October 
1st 1811, only 1,194,275 dollars wcie exported to France and Italy, 
including Sicily, not a dependency of France. 

France is now deprived of all her foreign colonies, and by re- 
viewing our trade with that country for several years past and be- 
fore the date of the orders in council, it will appear that, exclusive 
of her foreign possessions, it has been comparatively inconsiderable. 
The annexed statement marked A, taken from official documents, 
shows the quantity of particular articles, the produce of the United 
States, exported to all the world, distinguishing the amount both to 
France and to England and her dependencies from 1810 to 1811. 
From this statement it appears, how small a proportion of the great 
staples of our country is taken* by France. While France retained 
her colonies, her colonial produce found its way to the mother coun- 
try through tVie United States, and our trade with her in these arti- 
cles was not inconsiderable. But since she has been deprived of 
her forcio-n possessions, and since the establishment of her munici- 
pal regulations as to licenses, this trade has been in a great degree 
annihilated. Willi respect to co!oni;il produce none cnn be imported 
into France except {vom particular ports of the United States, and 
under special imperial licenses. For these licenses our merchants 
must pay what the agents of the French government think proper 
to demand. As to articles of our domestic produce, they are 
burthened with such exorbitant duties, and are subjected to such 
retrulalions and restrictions on their importation as, in ordinary times, 
will amount to a prohibition. On the 5th of August 1810, the very 
day of the Duke of Cadore's noted letter, a duty was inipo-cd on ail 
sea-island cotton, imported into France, of more than eighty cents 
per pound, and on other cotton of about sixty cents per pound, 
amounting to three or four times their original cost in the United 
States. And as to tobacco, the French minister here on the 23d of 
July, 1811, informed our government, that it was " under an admin- 
istration (en regie) in France ; the administration (he says) is the 
only consumer and can purchase only the quantity necessary for 

* It appears by it tliat I'ur iwelve years past, France lias not taken in any year 
more tlum 

Cotton 7,000.000 Pounds I Tobacco 16,000 Hogsheads 
Uice 7,000 Tierces | Dried Fisli S7,000 auintals 

Of flour, naval stores, and lumber, noneol' any importance. 
It also appears, by it, tliat tbe annual average talvcn by Trance for twelve years, 
was of 

Cotton 2,60-4,000 Pounds I Tobacco .'5,927 Hogsheads 

Kico 2,253 Tierces | Fish 24,735 Quintals 

Of laie years some of those articles have not been shipped at all directly to 
France, but they have, probably, found their way thither thn ugh the northern 
ports of Europe. 



APPENDIX. 457 

its consumption." And by other regulations not more than one 
fifteenth of all the tobacco consumed in France can be of foreign 
growth. The ordinary quantity of tobacco annually consumed iu 
France is estimated at tldrttj thousnnd hogsheads, leaving only about 
two thousand hogslieads of foreign tobacco to be purchased in 
France. 

In addition to these impositions and restrictions, the importer is 
not left at liberty with respect to his return cargo. By other edicts 
he is compelled to vest the avails of his importations, if, after paying 
duties and seizures, any remain, in such articles of French produce 
and manufacture as the French government thinks proper to direct. 
Two thirds at least must be laid out in silks, and the other third in 
wines, brandies, and other articles of that country. To show that 
this account of our commercial relations with France does not rest on 
doubtful authority, the undersigned would refer to the statements 
and declarations of our government on this subject. In a letter from 
Mr. Smith, the late Secretary of State, to the minister of France here, 
of the 18th of December, 1810, speaking of our trade to that country, 
under its regulations, after the pretended repeal of the decrees, Mr. 
Smith says, " The restrictions of the Berlin and Milan decrees had 
the effect of restraining the American mercliants from sending their 
vessels to France. The interdictions in the system that has been 
substituted, against the admission of American products, will have 
the effect of imposing on them an equal restraint." 

*' If then, for the revoked decrees, municipal laws, producing the 
same commercial effect, have been substituted, the mode only, and 
not the measure, has undergone an alteration. And however true it 
may be, that the change is lawful in form, it is nevertheless as true, 
that it is essentially unfriendly, and that it does not at all comport 
with the ideas inspired by your letter of the 27th ult. in which you 
were pleased to declare the ' distinctly pronounced intention of his 
imperial majesty of favoring the commercial relations between France 
and the United States, in all tiie ol)jects of traffic, which shall evi- 
dently proceed from their agriculture or manufactures.' ' If France, 
by her own acts, has blockaded up her ports against the introduction 
of the products of the United States, what motive has this govern- 
ment, in a discussion with a third power, to insist on the privilege 
of going to France ? Whence the inducement to urge the annulment 
of a blockade of France, when, if annulled, no American cargoes 
could obtain a market in any of her ports.' In such a state of things 
a blockade of the coast of France would be, to the United States, as 
unimportant, as would be a blockade of the coast of the Caspian 
sea.' " 

And so far has the French emperor been from relaxing, in whole 
or in part, these odious regulations as to us, in consequence of our 
submitting to give up our English trade, that they have been made 
a subject of special instructions to the minister who has been sent 
to the court of France. Mr. Monroe, in his letter of instructions to 
Mr. Barlow, of July 2(5, 181 1 , says, " Your early and particular atten- 
tion will be drawn to the great subject of the commercial relation, 
which is to subsist, in future, between the United States and France. 
The President expects that the commerce of the United States will 
be placed, in the ports of France, on .such a footing as (o afford it a 
fair market ; and to the industry and enterprise of their citizens, a 

39 



458 APPENDIX. 

reasonable encouriigcraent. An arrangement to this effect was look- 
ed for iniinediatcly after the revocation of the decrees, but it appears 
from the documents in this department, tliat that was not the case 5 
on tlie contrary that oar commerce has been subjected to the greatest 
discouragement, or rather to the most oppressive restraints ; that the 
vessels, which carried cofl'ee, sugar, &c., though sailing directly 
from the United States to a French port, were held in a state of 
sequestration, on the principle that the trade was prohibited, and that 
the imi)ortation of these articles was not only unlawful, but ciiminal ; 
that even the vessels, whicli carried the unquestionable productions" 
of the United States, were exposed to great and expensive delays, 
to tedious investigations in unusual foriiis, and to exorbitant duties. 
In short, that the ordinary usages of commerce between /rienrf/y "'^" 
iions were abandoned.'' 

Again Mr. Monroe, in the same letter, says. " If the ports of France 
and her allies are not opened to the commerce of the United States, 
on a liberal scale and on fair conditions, of what avail to them, it may 
be asked, will be the revocation of the British orders in council ? Jn 
contending tor a revocation of these orders, so far as it was an object 
ol' interest, the United States had in view a trade to the continent. 
It was a fair legitimate object, and worth contending for, while France 
encouraged it. But if she shuts her ports on our commerce, 'or bur- 
dens it with heavy duties, that motive is at an end." He again says, 
'•you will sec the injustice, and endeavor to prevent the necessity, of 
bringing, in return for American cargoes sold in France, an equal 
amount in the produce or manufactures of that country. No such 
obligation is imposed on French merchants trading to the United 
Stales. They enjoy the liberty of selling their cargoes for cash, 
and taking liack what they plea-e from this countiy in return. It is 
indispensable that the trade be free, that all American citi'zens en- 
gaged in it be placed on the' same fooling, and, with this view, that 
the system of carrying it on, by licenses grant ;d by French agents, 
be immediately annulled." 

The despatches from Mr. Karlow, by tiie Hornet, most clearly 
show, that the ex2icctatio7is of our government have not only not been 
realized, but even that the promises obtained by our minister are of 
a veiy unsatisfactorj- nature. Indeed, while Bonaparte is sending 
armies to the ni)rth of Europe, to take possession of tlie ports en the 
Baltic, and by his i'^ist-sailing i-quadrons is burning American vessels 
on the Atlantic, all expectations of a free trade Ironi France must be 
worse than vain. 

Notwithstanding the violence of the belligerents, were the restric- 
tions of our ow-n government removed, the coninierce of the United 
States might be extensive and profitable. It is well known, that 
from the gallantry of our seamen, if nu'rchant vessels were allowed 
to arm and associate for self-defence, they would be able to repel 
many unlavvful aggressions. The danger of capture would be dimin- 
ished, and in relation to one of the bclliL^erents iit least, the risk, 
under such circumstances, would soon be mca-ured bj' insurance. 

The discussions o( our government in relation to the British orders 
in council, gave a currency to the opinion that they exist, without any 
modilicaiion, according to the extent of the first principles on which 
they were issued. And the French ministei-, in his last conmuinica- 
tion on this subject, made to the Conservative Senate on the 10th of 



APPENDIX. 459 

March Inst, speaks of the blockade of tlie 10th of May, 1806, " as 
nnnihilating- the rights of all iiiaiitiine states, and putting- under inter- 
diction whole coasts and empiies ;" and of the orders in council of 
1807 as though still subsisting, and that accorilino; tr> their principles 
all vessels were compelled " to pay a tribute to England, and all car- 
goes a tariff to her customs." What the real e.\tent and principle of 
the blockade of INIa^^, 180G, were, have already been explained. With 
respect to the Biitish orders of 1S07, the truth is, that by a new order 
issued on the 20th of April, 180!), they were revoked or modified, and 
the obnoxious transit duty, called by the French INIinister '■ tribute 
and tariff " was done away. The new order of April, 1809, which is 
now the subject of complaint, is limited to "all the ports and places 
as far north as the river Ems, inclusively, under the government 
styling itself the Kingdom of Holland, and all ports and places under 
the government of France, together with the colonies, plantations, 
and settlements in the possession of those governments respectively, 
and all ports and places in the northern parts of Italy, to be reckoned 
from the ports of Orbitello and Pcsaro, inclusively.' 

The cHijct then of the British orders of blockade, now in force, is 
to deprive us of the commerce of Fiance, Holland, and apart of 
Italy. And thej' leave open to us the commerce of all the rest of the 
world. AVhat that is some estimate may be formed by recurrence to 
the subjoined table, which exhibits the state of our commerce during 
180G and 1807. The two last years antecedent to the operation of our 
restrictive system. By that table it appears that the value of the ex- 
ports of our domestic products to France, Holland, and Italy was, 
during those two years, at an average only of about six and a half 
miUions of dollars. Whereas the average of our domestic e.xports to 
all other parts of the world, and which are now left free to us, not- 
withstanding the effect of the British orders in council, exceed thirty- 
eight mi I 'ions .' So extensive a commerce it is proposed to surren- 
der for thfe restricted irade the French emperor will allow. A trade 
burdened by impositions, or harassed by vexations from French dom- 
ination and French Doiinniers or custom house officers, in almost 
every port of continental Eurojie. 

As in the scale of commercial advantages France has little to offer 
in return (or the many obvious hazards, which according to the wish 
of her Emperor the United States are about to incur ; so, in the moral 
estimate of national prospects, there is little character to gain, or con- 
solation to expect, in the dark scene of things on which we are en- 
tering. 

A nation, like the United States, happy in its great local relations; 
removed from the bloody theatre of Europe ; with a maritime border, 
opening vast fields for enterprise ; — with territorial possessions, ex- 
ceeding every real want; — its firesides safe ; — its altars undefiled; — 
from invasion nothing to fear ; — from acquisition nothing to hope ; — 
how shall such a nation look to heaven lor its smiles, while throwing 
away, as (hough they were worthless, all the blessings and joys, which 
peace and such a distinguished lot include .' With what prayers can 
it ad<lress the Most High, when it jjrepares to pour forth its youthful 
rage upon a neighboring people; from whose strength it has nothing 
to dread, from whose devastation it has notliing to gain .' 

If our ills were of a nature that war would remedy ; if war would 
compensate any of our losses, or remove any of our complaints, there 



460 APPENDIX. 

uiitrlit l)C soiTie alleviation ofthe suffering, in the cliarni of the prospect. 
But liow will war upon the land protect commerce upon the ocean ? 
What halm has Canada for wounded honor.' How are our mariners 
henefited hy a war which exposes those who aie free, without pro- 
niisiiig' release to those who are impressed .'' 

15ut it is said that war is demanded hy honor. Is national honor a 
principle which thirsts alter venoeance,an(i is apjicased only by blood ; 
which, trampling on the hoj)es ol man, and spurning the law of God, 
untaught by what is past and careless of vvhat is to come, precijiitates 
itself into any folly or madness, to gratify a selfish vanity, or to satiate 
some unhallowed rage .' If honor demands a war with England, what 
oi)iate lulls that honor to sleep over the wrongs done us by Fiance .' 
On land, lobberies, seizures, imprisonments, by French authority; at 
sea, pillage, sinkings, l>urnings, under Fiench orders. These are no- 
torious. Are they unfidl because they are French ? Is any alleviation 
to be found in Uie correspondence and humiliations of the piesent Min- 
ister Plenipotentiary of the United States at the French court .' In his 
communications to our government, as before the public, where is the 
cause for now selecting Fiance as the fiiend of our country, and 
England as the enemy .' 

If no illusions of personal feeling, and no solicitude for elevation of 
place, should be permitted to misguide the public councils ; if it is 
indeed honorable for the true statesman to consult the public welfare, 
to provide in truth for the public defence, and impose no yoke of 
bondage; with full knowledge ofthe wrongs inflicted by the French, 
ought the government of this country to aid the French cause, by 
engaging in war against the enemy of France .' To supply the waste 
of such a war, and to meet the a|)propriations of millions extraordinary 
fur the war expenditures, must our fellow-citizens throughout the 
Union be doomed to sustain the burden of war-taxes, in various forms 
of direct and indirect imposition .' Forollieial information, respecting 
the millions deemed requisite for charges of the war ; for like informa- 
tion, res()ccting the nature and amount of taxes, deemed requisite for 
drawing those millions from the community, it is liere sufficient to 
refer to estimates and reports inadc by the Secretary ofthe Treasury 
and the Commiitee of Ways and Means, and to the body of resolu- 
tions, passed in March last in the House of Representatives. 

It would be some lelief to our anxiety, if amends were likely to be 
made, for the weakness and wildness of the project by the prudence 
of the prepaiation. 15ut in no aspect of this anomalous affair can we 
trace tlie great and distinctive ])roperlies of wisdom. There is seen 
a headlong rushing into dilheulties, with little calculation about the 
means and little concern about the consequences. Willi a navy com- 
paratively nominal, we are about to enter into the lists against the 
greatest marine on the globe. With a commerce unprotected and 
spread over every ocean, we propose to make i>rofu by privateering, 
and for this endanger the wealth of which we are honest proprietors. 
An invasion is threatened of the colonies of a power, which, without 
putting a new ship into commission, or taking another soldier into 
pay, can s|)rcad alarm or desolation along the extensive range of our 
seaboard. The resources of our country, in their natural state, great 
bej'ond our wants or our hopes, are im])aiied by the effect of artificial 
restraints. Befoie adequate fortifications are prepared for domestic 
defence, before men or money are provided for a war of attack, why 



APPENDIX. 461 

hasten into the midst of that awful contest which is laying waste 
Europe ? It cannot be concealed, that to engage, in tlie present war, 
against England, is to place ourselves on the side of France; and 
exposes us to the vassalage of states serving under the banners of 
the French Emperor. 

Tlie undersigned cannot refrain from asking, what are the United 
States to gain by a war? Will the gratification of some privateers- 
men compensate the nation for that sweep of our legitimate com- 
merce by the extended marine of our enemy, which this desperate 
act invites ? Will Canada compensate the Middle States for New 
York, or the Western States for New Orleans? Let us not be de- 
ceived. A war of invasion may invite a retort of invasion. When 
we visit the peaceable, and as to us, innocent colonies of Great 
Britain with the horrors of war, can we be assured that our own 
coast will not be visited with like horrors ? 

At a crisis of the world such as the present, and under impressions 
Buch as these, the undersigned could not consider the war, in which 
the United States have in secret been precipitated, as necessary, or 
required by any moral duty, or any political expediency. 

George Sullivan, Lewis B. Sturges, 

Martin Chittenden, Benjamin TaUmudge, 

Mijah Bigelow, H. Bleccker, 

Elijah Brigham, James Emott, 

William Ely, Asa Fitch, 

Josiah Quincij, Thomas li. Gold, 

William Reed, James Milnor, 

Saml. Taggart, H. M. Ridgely, 

Lahan Wheaton, C. Goldsborough, 

Leonard, White, Philip B. Key, 

Richard Jackson, Jxin. Philip Stuart, 

Elisha R. Potter, John Baker, 

Epaphroditus Champion, James Breckenridge, 

Jno. Davenport, Jan. Jos. Lewis, Jun. 

Lyman Law, Thos. Wilson, 

Jona. O. Alosely, A. JVPBryde, 

Timo. Pitkin, Jun. Jos. Pearson. 



EXTRACT FROM MR. WALSH S LETTER ON FRENCH POWER. 

Page 12. Whoever attends to the progress of French power, must 
be satisfied that it is not the work of chance ; but, in a great degree, 
the result of a deliberate project for the subjugation of Europe, framed 
and acted upon even before the reign of the Directory. The conclu- 
sions which an attentive consideration of this subject had led me to 
adopt, were sanctioned by the acknowledgment of all the actors in 
the scene of the revolution with whom I had occasion to converse in 
Paris. They drew from the history of the commonwealths of an- 

39* 



462 



APPENDIX. 



tiquity those arts of fraud and menace, of violence and seduction, by 
which the latter were enabled to beguile the weakness, to ensnare 
the cupidity, to confound the judgment, and to overpower the forti- 
tude of mankind. The archives of the Assyrian and Macedonian, of 
the Greek and Roman conquests, were, and still are, diligently 
searched for precedents in the art of combining cunning with force. 
The inveterate liabits of intrigue, the vanity and ductility which 
have always marked the national character, are all confederated for 
one grand and successful experiment ; that of trying wliether the 
master-springs of human conduct are not at all times the same ; 
whether, with a deep knowledge of the temper of the age, with a 
congenial spirit and augmented means, the same principles and 
measures, skilfully adapted to circumstances, will not give the same 
results. 

The world has seen with how strong and steady an impetus they 
have urged the accomplishment of their views ; and with what over- 
whelming rapidity of execution they have demolished the public law 
and the liberties of Europe. In the boldness with which they con- 
ceived, in the vigor with which they have perpetrated, their criminal 
enterprises, in the splendor and variety of their military achieve- 
ments, in the evils which they have inflicted upon the miserable 
victims of their power, they have far exceeded all the examples 
furnished by the records of antiquity. Combining the subtlety of 
the Roman senate and the ferocity of the Goth, — the wildest passions 
with the most deliberate perfidy, — discarding, both in their domestic 
administration and their foreign policy, the feelings of nature, the 
obligations of conscience, the ties of friendship, the sense of honor ; 
they drenched France, as well as the rest of the continent in tears 
and blood, and have not left even the consolation of hope to those 
who examine attentively the present condition of Europe. The 
works of Jiivy and Sallast, and the commentaries of Machiavel and 
Montesquieu, discover the closest parallel between the French and 
Roman conquerors, in the structure of their military system, in 
the progress of their arms, and in the tenor of their deportment 
towards allies and enemies. I have been powerfully struck with this 
similitude, but I should do injustice to the memory of the Roman 
republic, if 1 instituted a comparison as to the character of the instru- 
ments, by whom their conquests were achieved. The ruffian horde 
now preying on the carca.se of Europe, bears no more analogy to 
"the solemn and sacred militia" of the Romans, than the convention 
bore to that body which Cicero has ventured to denominate " the 
temple of sanctity and the refuge of all nations." 

The inferences which I drew from the above general considerations, 
were early confirmed in my mind, during my residence in Paris, by 
the most positive testimony. I lieard, from every man both in and 
out of office, wJio had any intimate connexion with the government, 
the same language of contempt and menace of the subject of the 
United Stales. The peculiar phraseology was, — " that we were a 
nation of fraudulent shopkeepers; Rritish in prejudices and predilec- 
tions, and equally objects of aversion to the Emperor, who had taken 
a fixed determination to bring us to reason in due time." It was 
universally understood that our sluggishness in acceding to all his 
wishes ; the bold strictures, in which we sometimes indulge, concern- 
ing his character and conduct, and the nature of our institutions ; 



APPENDIX. 463 

were inexpiable offences, and to be finally retributed by the full 
weight of Ills resentment. The British he hates, and dreads, and 
respects. The people of this country he detests and despises. He 
detests us as the progeny of the British, and as the citizens of a free 
government. He despises us as a body of traders, — according to his 
view, — without national fame or national character; without military 
strength or military virtues. 

If we had thrown ourselves into his arms, he miglit have respected 
us more for some decision of character ; but he would not have hated 
us less. Our labors to steer a middle course, to moderate his violence 
by humble remonstrances and benevolent professions, to entice from 
him the alms of an oppressed and precarious refuse of trade, have 
only conducted to heighten his disdain and to embolden his insolence. 
We have squandered, — and do squander, unavailingl)', — our fund of 
submission. Every act of humiliation is not merely superfluous, but 
absolutely prejudicial. There is no extravagance of disgrace, which 
could render him placable. A war with England might soften his 
tone for some time, but, as we have seen exemplified in the case of 
Austria and Prussia, — and shall soon see proved in that of Russia, — 
it would not produce an oblivion of past disgusts, — nor contract his 
immeasurable ambition, — nor extir])ate his deeply-rooted hostility to 
trade and to popular institutions. When an attempt was to be made 
to plunge us in the same abyss of ruin, which we had been assisting 
him to prepare for others, we should, as in the instance of Prussia, 
be scornfully reproached and relentlessly punished for our original 
neutrality — for the symptoms of discontent or indignation, which we 
might have shown under the yoke of his own galling amity — for 
our very treachery to the cause we had abandoned in his favor, and 
which, as we should be told, our base fears alone prompted us to 
betray. 

A union with France, if not even ruinous in its immediate conse- 
quences, would be an indelible stain on our annals. Our descendants 
would turn with disgust from the page which might record so mon- 
strous and unnatural an alliance. I know not, indeed, how an Ameri- 
can will feel one century hence, when, in investigating the history of 
the late invasion of Spain, he shall inquire what, on that occasion, 
was the conduct of his ancestors, the only republican people then on 
earth, and who claim almost an exclusive privilege to hate and to 
denounce every act of ruffian violence, and every form of arbitrary 
power. It certainly will not kindle a glow of emulation in his mind, 
when he shall be told, that of this unparalleled crime, an oblique notice 
was once taken by our administration ; that the people of this country 
seemed to rejoice at the triumph of the invader, and frowned on the 
efforts of his victims. 

Mr. Jcfierson had it in his power, when all the horrors of this usur- 
pation were first unfolded, to consolidate the public virtue, and per- 
haps, to fix forever the destinies of this country. He could indeed, 
have found justifiable causes of war in the insults and injuries which 
we ourselves had received from France, but he should have availed 
himself of this event to hallow the contest in which sooner or later 
we must be engaged, and to call up a force of generous resolution, 
which, while it armed us with power, would have purified and invig- 
orated our attachment to republican institutions. By entering in the 
name of a free people, his solemn and indignant protest against this 



464 APPENDIX. 

fatal precedent of outrage, he would at once have buoyed up the 
people here, to a similar elevation of sentiment, and by tlirowing 
himself entirely on their magnanimity, could have wanted no better 
tenure for his place. Our present rulers, if they act upon a large 
and'prospcctive view of our true interests, may retrieve the character 
of this country. They will, I am quite sure, be seconded by an entire 
correspondence of feeling not only on our part, but in the people of 
England, whatever may be the narrow policy or the illiberal preju- 
dices of the British ministry. It is from our rulers, however, that we 
expect, and perhaps only from them that we can receive the proper 
impulse. " Whenever," says Geutz, " a real interest commands, 
every national antipathy, though existing from the earliest times, if 
it only rests upon prejudice, must yield to more urgent motives ; and 
so it doubtless will, wiien the guidance of nations is entrusted to the 
wise and great; to men who are above all narrow views, and superior 
to all little passions. The deliberate and decided measures of a truly 
enlightened government, intent upon important objects, break through 
the fetters ot popular opinion ; are supported by the wise, and carry 
the weak irresistibly along." 

This note on the conscription laws of France, and on the operation' 
of these laws, is made up from authentic sources, especially from 
Mr. Walsh's writings ; and a pamphlet entitled " A Sketch of the 
Military System of France."* 

The French Revolution placed the whole people of France under 
the dominion of a few terrible tyrants, who carried on their work of 
destruction with such atrocity, as to require new terms in their lan- 
guage to describe their crimes. But all their acts of confiscation, and 
murder, were done in the name of libertv, and the rights of man. 
These tyrants, terrified themselves at the physical power which they 
had raised up, and with it, the thirst for action, directed attention to 
the liberation of other nations from the tyranny of their own govern- 
ments. In f)tber words, the French Republic went forth " to plant 
the tree of liberty," wherever they could conquer, and establish their 
own dominion. 

The whole of the male population, from the age of 20 to 45. was 
divided into classes, and subjected to the conscription law. When 
the armies were to be recruited or increased, the inhabitants liable 
to serve were assembled ; their names were deposited in an urn, 
and the number wanted for the occasion were drawn out. Those to 
whom the lot fell, were gathered into bodies of one hundred, and 
marched to whatsoever region they were wanted in, and there dis- 
tributed one by one, so that none who came from the same canton, 
or village, could have any communion with each other. 

From this liability to serve, there was no exemption ; husbands, 
only sons, individuals whose presence was indispensable to the daily 
subsistence of a whole family, were equally liable. If a substitute 
was sometimes permitted, he who furnished the substitute was answer- 
able for his desertion and crimes ; and might be liable to go himself 
at the next call. 

Comparisons have been instituted between the military conscrip- 
tion of Rome, and that of France. The Romans and the French had 
the same object, universal conquest; but the Roman militia, and the 



* By Mr. John Howard. 



APPENDIX. 4G5 

French conscription, were very different in many respects, much to 
tlie disadvantage of the Frenchman. 

Tiie Roman term of service was limited, that of the French un- 
limited ; the moment the name was drawn liom tlie urn, slavery for 
life, of the most detestable character, beiran. The Romans punished 
desertion in the person of the deserter ; the French punished the 
deserter cruelly, if caught ; if not, they held the parents answerable, 
and punished tJiem. The Romans exempted for personal disability to 
serve ; the French could not make soldiers of tliose who were physi- 
cally unable, but made them pay enough to hire another, because they 
were incapable themselves. The punishments of tlie French were 
most inluunan, for all mihtary delinquencies; and family connexions 
were involved to make the miserable conscript endure his sufferings. 
The disconsolate wife, innocent offspring, aged and helpless parents, 
all their means of subsistence, in the dieadful absence ot their natural 
protector, were t!ie sureties lor his submission to the will of an un- 
pitying despot. For him tlie heart-broken soldier, was to engage in 
scenes of slaughter; and to fix him on a throne cemented with the 
blood of his countrymen, while every exertion of his own body and 
mind served only to make himself more certainly a hopeless slave. 
(See Sketch of the Jllilitriri/ Sijstcin of France.) 

Now, it was to such a people and government as the French have 
been described to be, that the three Presidents who succeeded the 
Federal administrations, desired to bind our free republic. Nor only 
so ; for be it forever remembered, that James Madison, and James 
Monroe, concurred in recommending to Congress, a still more odious 
conscription , oi' ihe free citizens of the United States, than that which 
humbled and distressed Frenchmen, accustomed as they were, from 
their cradles, to the natural action of despotism. Mr. Madison, and 
Mr. Monroe, proposed a virtual annihilation of the state and national 
constitutions I For, while these were respected, their propositions 
were as hostile to the rights of the citizens, as would have been the 
will of Napoleon himself. 

And for what was this terrible aggression on the rights of free 
citizens? To conquer Canada! which we could not hold, if con- 
quered ; and the conquest of which would have required such a force 
as to have made our whole sea coast the territory of a vindictive, 
exasperated, and unpitying foe! — Such is the tyrann}- of party, of 
which Jefferson was at the same time the founder and the patron ! — 
And young repubUcan Americans are called on to regard the memory 
and the deeds of Jefferson, Madison, and Monroe, as the objects of 
their patriotic eulogy; and Washington, Adams, Jay, Hamilton, 
King, Cabot, and Ames, and others, as monarchists and traitors ! 



[O^ Tiie testimony of General Ealon and Commodore Truxton, 
referred to on ])n2;e 223, has been omitted, on account of the size of 
the volume ; it having already extended much beyond the oiiginal 
intentions of the author. 

The table referred to on page 451), is also omitted. 



INDEX 



Ames, Fislier, pp. 22-24. 

" on )iiil)lic (liuipers, 20. 

" speecli on Jay's treaty, 74. 
Adams, .lolin. Vice I'lesideiit, ]d09, 37. 
Adet, French minister, 7U-72. 

" his cunduct in 179(i, 79-81. 
Adunis, I'res. of U. t^. 115. 

" personal description of, IIG. 

" first s|)(;e(:li to Con ixrrss, 117. 

" war witli France, 121. 

" conduct towards, peace with, 123. 

" administration of, 130-139. 
Administrations, coinparison of, 357-359. 
Adams, i^anuiol, Hi. 
Alien law, and .Sedition law, 128. 
Aposlacy in .lellerson's time, 189. 
Adams, John (I. (emhargo), 2()0. 
Amory, Tiiomas O. (merchant), 307-8. 

Bowdoin, James, Governor of Mass., 5, G. 
Ilrissot de AVarville in United t^tatcs, 31. 
liollman. Dr. (Lafayette), 7G. 
Rarins, Alexander," in United Plates, IOC. 
Bayard, J. A., and Jefferson, 184. 
" personal description of, 179. 
" vindication of, by his sons, 182. 
Hurr, Aaron, conspiracy of, 217-9. 

" trial of, for treason, 221-9. 

" personal description of, 237. 

" llaniilton's opinion of, 2:!7. 

" challenges Hamilton. 238. 
Hollinan, Dr., (Jefferson) 231. 
liij^elow, Timothy, notice of, 306. 
Itrooks, John, character of, 3G9, 
Raltitnore, in 1812, 323. 

Country, state of, after peace of 1783, 3. 

" state of, in 1786, 27. 
Confederation, old, 19. 
Confederation, JudL'c Story on, 19. 
Convention at Annai)olis, 178ii, 20. 
" at Philadelphia. 1787, 20. 

" at Boston, 178X, 20,21. 

Constitution, adoption of, by .Mitss., 30, 

" Hancock on, :!0. 

Congress, the first, under Fed. Con., 31. 
Cooper, Kev. Dr. Samuel, 32. 
Cabinet, Fxecutive, the first formed, 40. 
Civic feast in Boston in 1793, 44. 
Congress in December, 1793, 53. 

" parties in, 57. 

" members of 1796, 74. 
Carroll, Charles (survivor), 108. 
Callender's " I'rospect before Us," 131. 
Chase, Judge, trials before, 199. 

" impeachment and trial of, 201-4. 
Congress, H. of K. 18111, 175-9. 
Causes of war in 1,^12, 2^3, 
Chesapeake and Leoj)ard (ships), 234. 



"Conspirators" in Mass. 1809, 304. 
Cobb, (jeneial, liiiMitenant Governor, 305. 
Clay's remark on patronage, 321. 
Convention in iN'ew Vork, 1812, 32C. 
Clinton, nominated for I'res., 326. 
Conscription proposed, 330. 

" French, 331. 

Convention, Hartford, causes of, 333. 

" " Dwlght on, 334. 

Ciimmi.ssioners sent to Washington, 340. 
Cabot, George, character of, 371. 

Debt, public, 41. 
Democratic socities, 49. 

" " in 1794,61. 

Dana, Francis, Ch. Jus. Mass., 112. 
Despotism, 2d and 3d Pres., 282. 
Dallas, A. J., pamphlet on war, 320. 
Dwight's History of Hart. Con., 333. 
Dexter, Samuel, character of, 389. 

Executive, dangerous power of, 28. 

F.dncatinn in 1788,3.5. 

Fxcise law in 1791, 43. 

English aggressions in 1793, 52. 

Essex Junto, 97. 

Emmet, Thomas Addis, 127. 

Embargo, causes for laying, 25G. 

" effects of, 261. 

" Mass. Legis. on,2fi3. 

" Jefler.son's accounts of, 26G. 
Eaton, General William, 223. 

Federalists, origin of name, 28. 
" policy of, 31. 

" answer to Jefferson, 171-4. 

French policy, in first Congress, 39, 

" influence in 1793, 44, 

" party in 1793, 48, 

" " in 1791,57. 
Funding system, 41. 
Fauchet, French minister, 60. 

" interee[)ted despatches, 65, 66. 
Fries pardoned by John Adams, 135. 
France, mission to, in 1801), 118. 
Federal administration, end of, 136. 

" " Adams, 138. 

Federalism, character of, 3G2. 

" cause of its overthrow, 365, 

Gallatin, Albert, 108. 

Gerry, Elbridge, Gov., Vice Pres., 22. 

" envoy to France, 120. 

" (iovernor of Massachusetts, .309. 
Giles, resolutions against Hamilton, 46. 

" speech against Washington, 46, 

" as a public man, 47. 
Genet, French minister in 1793, 49-51, 
Gerrymander, 3(iy. 



INDEX. 



4G7 



fiun-boat system (Jeflersnii's), 212. 
Gore, C, Governor of ilassachusetts, 302. 

" " clianictcr of, 370. 

" report on Mr. G.'s resolutions, 263. 

Hancock, Governor of IVIass., 12-4. 

" persuiial il(!.---cription of, 12. 

" succeed.-! liowcloiii in 1787, 15. 

" patron of scIuhiIs, IG. 

" conduct totJcn. Lincoln, 16-7 

" (Wasliiiiijtoii's viirit), 17. 

" niotioti to ad(]pt United States 

ConslJtutinu, .iO. 

" deatli aiul lutitMal of, 32. 

Haley, Mrs., sister of Willves, 31. 
Hamilton, Alexander, reports by, -10. 

" resolutions against, 45. 

" " renewed, 57. 

" last report, 62. 

" personal appearance of, 235. 

" diaracter of, 236. 

" clial!eii!|ed by liurr, 233. 

" his reasons, 242-6. 
Iluger, Colonel (Lafayette), 76. 
Harper, Robert lloodloe, 107. 
[lavne. Colonel Isaac, 17sl,92. 
Heiiry plot (Madison), 290. 
Howard, John (Fiencli conscii|)tion), 332. 
i!artfi)r(l Convention, causes of, 333. 
lIi<;ginson, Stephen, (Jerterson) 376. 

Insurrection, Massachusetts, 5-11. 

" Pennsylvania, 60. 

Irislunen, United, I'J6. 
Impressment (Enulisli), 2S6. 

" .'Vmerican, proposed, 330. 

Jay's mission to E]island, 1794, 58. 
" personal description of, 59. 
" treaty, reception of, 63. 

" " raliiied by Senate, 64. 

" " call tt)r i)apers, 73. 

" " debate in il. of R. on, 73. 

" " Ames's speech on, 74. 
Jefferson, commercial report, 1793, 53. 

" cbarai ter of, by .Marsliall, 54. 

" Genet's OiiiiiioM of, 55. 

" letter to 'riminas I'aine, 78. 

" opinions of (ieneral Knox, 102. 

" remarks of, on others, 104. 

" on Callender,(Constitution)132. 

" Maz/.ei letter, 143. 

" inancural speech as V. P., 146. 

" persiinal appearance, 148. 

" Vice Presidency, 149. 

" hC'W to Ih' judced of, 150-1. 

"• why to be answertMl, 154-5. 

" writinss of, J56-7. 

" mission to France, 1784, 158. 

" Secretary of State, 159. 

" notice oi" Hamilton, 160-1. 

" notice of Jobn Adams, 162. 

" employment of I'reneati, 163. 

" on VVasbiuKton, 161-5. 

" on fmidius system, 167. 

" Ills opinions of Congress, 167. 

" on tundins: ami bank, 168-9. 

" on X, Y, /,, " tever," 170. 



Jefferson on E.sse.^ Junto, 171. 

" election to Presidency, 175. 

" ballotina; for, 17.5-9. 

" opinions c .■orning, 183. 

" his real poli<-y, 185. 

" modes of ed'eclin^ il, 185. 

" state of country, 1801, 186. 

" inaugural spet-ch, ls7. 

" invitation to a])ostacv, 189. 

" message to < 'oiigiess," ISO 1 , 191. 

" hostility to jniiieiary, 193-9. 

" purchase, of Louisi.iua, 205. 

" on alien and sedition laws,209. 

" . contradii-tory oi)inioiis of, 210. 

" hostility to Navy, 212. 

" (15ollman & Svvartwout,) 231. 

" and Spain, 247. 

" gift to iVapoleon, 254. 

" accounts of embargo, 266. 

" views taken of him, 270. 

" his account of himself, 271. 

" greatest achievement, 2/2. 

" his real services, 274. 

" extraordinary opinions of, 276. 

" his policy, 277. 

" how he (bund U. S. '01 , 278. 

" how tlie left U. S. in '09, 278. 

" ■ his views of merchants, 348. 

" " of fiigate.s,357. 

" " of religion, 359-60. 

Jarvis, Charles, described, 26. 
Judiciary law (Adams), 134. 
Jackson, Andrew, 397. 

King, Rufiis, personal description, 25, 26. 
Knox, Secretary of War, resigns, 62. 

'' description of, 99. 

' Jefferson's opinions of, 102. 

Lincoln, General (.Mass. Reb.), 5-11. 

" Hancock's treatment of,16-7. 

" personal description ot, 98. 
Lafayette, and Washington, 75. 
Lyndlmrst, lord, in United Slates, 76. 
Louis Philipe (king),in United States, 105. 
Liston Eimlish minister, 107. 
Logan's mission to France, 133. 
Louisiana, purcliase of, 20,5-8. 

" difficulties on purcliase, 214. 
Lincoln, Lieut. Gov. Mass., 215. 

" and Mass. leg. J809, 2'JS-9. 
Lee, General Henry (eulogist), 140. 
" " (llaltimore mob), 323. 

Lowell, Judge (Jcffcison), 37il. 
Lowell, John (public writings), 395. 
Lloyd, James (senator), 394. 

Massachusetts, after peace of 1733, 3. 
" di bt of, 4. 

" rebellion in 1767, 5-1 L 

Morris, Robert, Ili9-L 
Miranda's expedition, 214-16. 
.Monroe recalled from France, 1796, 75. 

" on Washington, 75. 
Marshall's character of Jefferson, .54. 
" speecii on Jona. Robbins, 124. 

" envoy to France, 118. 

" Ch. Jus. :it trial of Purr, 22 1-9. 



468 



INDEX. 



Madison, personal appearance, 108. 

" policy as I'res. of U. S., 280. 

" party man as I'res. of U. S., 281. 

" IliMiry plot, liis message on, 290. 

" " " and Mass., 29.'). 

" proposed conscription, IWO. 

" message on peace of JSlu, 342. 

" iniiitiiitcd me.'isage on peac;-, 'M'.i. 

" close of his administration, 304. 
Monroe's administration, 35.5. 

" description of, li.'ili. 

Merchants, Jellerson's opinion of, 348. 
Minot (;. U. (eulogist), 14:). 
Maiczui letter (Jefferson), 143. 

National government, beginning of, 30. 
Neutrality, proclamation of. 1793, 4S. 
Naturalization (Jefforson), 209-11. 
New JOngland distressed by the war, 333. 
iVew York city election, 1834 (note), 403. 
Navy and gun-boats, 2.2. 

Orders in council (English), 288. 
Otis, Harrison Gray, in 1812, 321-3. 

" commissioner to Washington, 340. 

" his public services, 394. 

Parties in 1789, 37. 
President, power of appointment, 38. 
Proclamation of neutrality, 1793, 48. 
Pinckney, C C, ()8. 

" " envoy to France, 75. 

" Thomas, 08. 

" Governor, 08. 

Pinkney, William, 68. 
Pennsylvania insurrection, 1794. 
Paine, 'I'liomas, letter to Washington, 77 

" letter of Jefferson to, 78. 

" invited by Jetlerson, 78. 
Philadelphia in J 790-97, 100. 
Paine, K. '1'., Judge, 112. 

" pcet, 121. 
Prospect before I's (Callender), 131. 
Parties, how niaile up, 1.52-3. 
Perkins, Jarnis (merchant), 307-8. 
Perkins, 'Ihomas 11. (merchant), 307-8 

" commissioner to VVasliington,340. 
Party, power of, 312. 

Parsons, Theopliilus, Chief Justice, 383. 
Parker, Isaac, Chief Justice, 388. 
Pickerina, Timothy, 375. 
Party, present dominion of, 397. 
Peace of 1815, 312. 
President of United States in 1837, 403. 

Quincy, Josiah (in 1812), 320. 
" public service.^, 393. 

Rebellion in Massachusetts, 5-11. 

" in Pennsylvania. tiO. 
Randolph, I'.dmund, of Virginia, 67. 
Robbins, iMarshall's speech on, 124. 
Randolph, John (Jefferson, Spain), 249. 

" e.xtract from his pamphlet, 2.')0. 

" speech on l!ritish war, 315. 

Russell, Cenjauliu (editor), 305, 



Story, on Constitution U S., 28. 

" (Jefferon embargo), 209. 
Society in 1788, 33. 
Secretaries reports, (Congress), 39. 
.■^innner, Increase, Gov. Mass., 112. 
Sedgwick, Theodore, Judge, iI3. 
r^edition law, 120-9. 
f'pain, negotiations with, 247. 
Sullivan, James, Gov. Aiass., 296. 
t'trong, Caleb, Gov. Mass., 310. 

" character of, 3li«. 
Sewell, Samuel, Chief Justice, 387. 
Sargent, Daniel, (merchant), 320. 
Sparks, (Washington), 141. 

Talleyrand in the United States, 1794. 
Treaty with Eiiglaml, 1794, 63. 

" with England in 1800 rejected, 258. 

" of peace 181.5, 342. 
Truxton, Commodore, 223. 
Terror which came with the war, 322. 

Union, danger of dissolution of, 30. 
United States in 1801, 180. 
United Irishmen, 126. 
United States in 1834, 398. 

" " perils of, from party, 401. 

Volncy ill United States, 1797, 106. 

Washington, visit to the East, 1789, 17-S. 

" arrival at N. York, 1769, 37. 

" reply to Boston. 63. 

" reply to Adet, 70. 

" 'J'lionias Paine's letter to, 77. 

" charges against, 79. 

" letter to Jefftison, 82. 

" F.irewell .Address. 84. 

" Farewell ball, I'hila. 97. 

" in 17 97,80. 

'' personal description of, SG. 

" Mrs., her visiters, 67. 

" his levees, 88. 

" dilliculties of admin. 93. 

" retirement of, 11-1. 

" death of, 13!t. 

" his notice of I'leneau 163-4. 

Wirt, William, 231. 
" coun.sel against Burr, 232. 
" his elo(|Uence, 2;i3. 
War, of 1812, causes of, 283. 
" message, 310. 
" committee in IT. of Rep., "10. 
" by whom, in fact, declared, 311. 
" on what grounds opposed, 313. 
" state of Europe wluMi declared, 310. 
" condition of U. S. when dec'Id. 317. 
" terror which came with, 322. 
" progress of, 328. 
" end of, ii{ 1815,312. 
Washington IJenevolent Societies, .325. 
Walsh, Uobert, on French powei, 331. 

X,y, Z, affair, 118-9. 
Yriijo, Spanish minister, 107. 
Voung men, suggestions to, 400. 



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